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JGM, Solicitor
Category: Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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Unfortunately my neighbour has passed away and her family

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Unfortunately my neighbour has passed away and her family are going to sell the house.
She has allowed me to use a part of her ground as a driveway for more than 20 years. I paid for the materials and labour to construct the driveway.
Do I have any rights of access when the house has been sold?

Thanks for your question. I am a solicitor in Scotland. What you have is called a prescriptive servitude. Provided you have used the driveway without objection for 20 years or more, and can prove that you have done so, there is a right of access established by law. So your neighbour is right apart from the length of use which has to be 20 years, not 10, for a prescriptive servitude. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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