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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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I have bought a single car garage in a resedential complex.

Customer Question

i have bought a single car garage in a resedential complex. I have right of acsess to the comunal driveways and the wash bay. Do I have parking rights in the driveway areas?
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.

I would have to see the exact wording of your title but generally a right of access over a driveway does not confer a right to park. It was only quite recently that a Scottish court said that a servitude right of parking was legally possible (see online Moncrieff v Jamieson, House of Lords around 2007). If your title doesn't have a specific right to park you would have to establish a right of parking by usage for over 20 years. However if your title simply gives you an access right that is not sufficient. Happy o discuss further. I hope that helps. Please leave a positive rating so that I am creditd for my time.

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Customer: replied 11 months ago.
I'm afraid I don't seem to be to attach the deeds and plan! Could you send me an alternative email address please?
Expert:  JGM replied 11 months ago.

You can scan and upload to***@******.*** and ask the site moderator to forward your file toCustomer

Expert:  JGM replied 11 months ago.

I've received the plan and section A of your Land Certificate and there is no right to park detailed in section A. Can you let me see section D please?