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JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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I live in a private mortgaged property in Edinburgh. At the

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I live in a private mortgaged property in Edinburgh. At the bottom of my back garden there is an access lane which 8 different properties back onto. One of the owners of the houses backing onto the access lane is parking their car in the access lane . Can you legally park a car in the access lane overnight or should access lanes be left clear of any obstacles at all times? If it is illegal to park in the lane what action can be taken against the people parking the car in the lane?

I am a lawyer in Scotland and will help you with this. Firstly check your title deeds for any title conditions relating to the lane. There may be a specific prohibition against parking or blocking the lane in any way. There may be a provision that says the land is solely for access and that it cannot be blocked. If the title deeds don't help, the common law of property will. It is implicit that a lane owned in common by proprietors is for the use of all of them and that any one person blocking the lane is by definition impeding the others' use. Your remedy is to write to the person concerned. Of that doesn't work then the action to be taken is a sheriff court action for interdict, which is an order stopping them from blocking the lane by parking a vehicle there.
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