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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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I have bought my property and have right of way on my deeds

Resolved Question:

I have bought my property and have right of way on my deeds along the back of my neighbours property, my neighbour has blocked my access however I haven't any problem with this as I have front and rear entry to my property what I do have a problem with is a company is now acting on her behalf asking me for £70 per year maintenance cost for the path (despite no work EVER being done on this) I feel this is unreasonable given I don't have access to the path and have never used it, I have only been in the house6 months and my neighbour 1 year it seems this was set up before we both moved in
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I would be happy giving up my right of way legally if this would solve me being responsible for costs fora path I have no access to, my neighbour and I have a good relationship she would help me resolve this
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. Could you please provide me with the exact wording from your Deeds, stating that you have a right of way over the neighbour's property? Thanks Al

Customer: replied 1 year ago.
I've tried to send you a copy- it's says a right in the common with the propietor of (my neighbours address) in and to the footpath with rights of access at all times to pedestrian traffic, together
Expert:  Aston Lawyer replied 1 year ago.

Hi, I note you are in Scotland, and as an English Solicitor, I will have to opt out and let one of my Scottish colleagues assist you. Kind Regards Al

Customer: replied 1 year ago.
I did say that on the original enquiry form but thanks anyway! :)
Expert:  JGM replied 1 year ago.

Your question has been passed to me. I am a solicitor in Scotland. Don't pay the bill if no work has been done. Your title deeds will, however, make you liable for payment of common repairs. If the neighbour has blocked your access you should apply to the Lands Tribunal for Scotland to have the burden of maintenance in your title deeds quashed. You can contact the lands tribunal here: http://www.lands-tribunal-scotland.org.uk I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you