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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10653
Experience:  30 years as a practising solicitor.
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A private lane between two houses has one house main door at

Customer Question

a private lane between two houses has one house main door at bottom of lane.
The other house owner has bought the lane. What are my rights of access?
Many thanks.
Graham
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.

Rights of access are usually contained in your title deeds. They are heritable rights which means that a sale to a new owner wouldn't affect the position. Do you have a copy of your title that you can scan to me? The other way that rights of access are created is through passage of time, called prescription, whereby use of the access by you or your predecessors for a period of a least 20 years uninterrupted would give you what is called a prescriptive right of access over the lane. Happy to discuss further and examine your title if you need me to. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10653
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 9 months ago.
Many thanks J.G.M. The problem we have is that he has put a chain across the lane so our car can not get down unless I ask.
Am I allowed to park outside my house overnight?
Expert:  JGM replied 9 months ago.

If you have a right of access either by title or by prescription then he can't put a chain up to impede your right of access. As regards ***** ***** was never a legal concept of a servitude right of parking in Scotls law until a fairly recent case, called Moncrieff from recollection, and that case said that there was nothing in principal wrong with establishing a right to park if this had been done for the prescriptive period. Whilst the case rests on its own facts and some of the academic writers don't like it, you would certainly have a stateable case for a right to park. I hope that helps. Please leave a positive rating so that I am credited for my time.

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