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Solicitor4All
Solicitor4All, Solicitor
Category: Law
Satisfied Customers: 7551
Experience:  Director and Principal Solicitor. UK
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I stay in a private factored estate and a resident has

Customer Question

Hello I stay in a private factored estate and a resident has decided to extend his garden by taking 20m2 of the communal shrub bed that boarders their property boundary, can the legally just take control of communal ground that is maintained regularly by a factor?
Submitted: 17 days ago.
Category: Law
Expert:  Solicitor4All replied 17 days ago.

Hi, I’m Solicitor4All, a law Expert with over 15 years of experience practice. Thank you for the enquiry. It is my pleasure to assist your with this today.

Expert:  Solicitor4All replied 17 days ago.

Where are you located?  As location will determine the answer?

Customer: replied 17 days ago.
Scotland
Expert:  Solicitor4All replied 17 days ago.

Thank you for the brief, yes i will assist you.

Please leave it with me for now, I will respond once done rest assured today. Thank you

Customer: replied 17 days ago.
Thanks the factor has checked the deeds and advised the resident that it is communal ground and he should remove the 2m high fencing but he has ignored then and they have not applied for any type of planning permission.
Expert:  Solicitor4All replied 17 days ago.

Thank you for your patience. No they can not legally just allocate the strip of land to themselves. The freeholder can get this removed without any consequence and should they insist on refusing they could apply for an injunction order against your neighbour.

Expert:  Solicitor4All replied 17 days ago.

Any follow up please do not hesitate to send your message. Always glad to assist and to clarify anything. All the best.