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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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I live in an end terraced house and want to move the shared

Customer Question

I live in an end terraced house and want to move the shared path my neighbour uses for access (bins, window cleaner etc) to the back of my garden, creating a fenced off lane that is effectively for his use only. This would give us both privacy and would
mean he could use the lane whenever he likes for whatever reason. I have approached my neighbours about this and they have been very negative about this and declined stating they are old and it is too far to walk. They also said an extension wouldnt be suitable
as it would block their light. My reason for this modification is twofold. I want to put an extension on the rear AND side of my house which will obstruct the path. The privacy element I also find very appealing. What should I do now? I have found a case online
of something similar which went to court and the person in my situation won the right to change the pathway. Is this what I should do and how do I go about doing this? They were very negative despite giving them a drawing to put my idea into a picture and
trying to "sell" the idea to them twice on two different occasions. What can I do now? I think they are being very unreasonable. They were complaining about the two gates which they must pass through currently and also about my dogs barking at them when they
use the path. I explained the new "lane" at the back would be private for them and be a huge plus point in this respect.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Are your neighbour's owners or tenants?
Customer: replied 2 years ago.
They are owners. I originally thought they were tenants. They are definitely owners.
Expert:  JGM replied 2 years ago.
Thanks. I just wanted to make sure given our last conservation (in respect of which don't forget to leave feedback so that I am credited for my time).
In relation to your current question, if the neighbour agrees you can enter into a deed varying the burden of access to the proposed area. If they don't agree, you will have to take the case to the Lands Tribunal for Scotland which can deal with the discharge and variation of title conditions. The Tribunal is quite user friendly and you can get the application form and a lot of information online. See www.lands-tribunal-Scotland.org.uk.
I hope this helps. Please leave a positive feedback so that I am credited for my time.