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JGM, Solicitor
Category: Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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The road leading to our property (in Scotland) has been adopted

Customer Question

The road leading to our property (in Scotland) has been adopted apart from the last 20 or 30 meters, this last part being a shared access between ourselves and neighbouring properties.
We wish to build several new houses on our land would the situation with the road cause us any problem.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If the access is owned by you and the neighbouring properties (as opposed to you owning it and the neighbours having access rights) then you would need the consent of the neighbours to use the access road to the new build properties. The reason for this is that they are joint owners and the use burden on the road will be increased as a result of the additional properties.
A formal Deed of Servitude or Deed of Conditions would need to be executed and registered by you and your neighbours granting access rights and specifying maintenance and repair obligations on the part of the proprietors of the new properties.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

The roadway is not in our ownership or of our neighbours ownership or joint ownership. It is not part of the title deeds of any of the properties.

We have a servitude right of access over the roadway.

Expert:  JGM replied 3 years ago.
In that case the owner of the road would have to grant the deed to enable the proprietors of the new houses to have access rights.
Customer: replied 3 years ago.

in 1992 a right of access was granted to our land and their successors and assignees.

Expert:  JGM replied 3 years ago.
The problem with that is the law of servitudes says that the burden on the servient tenement, ie, the owner of the land, cannot be increased without consent. By building additional properties you are going to increase the traffic along the road, hence the new titles created by the split offs from your land will have to have a new deed of servitude.