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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 12545
Experience:  30 years experience in property law.
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Im looking to get a burden removed from my property. the

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Hi im looking to get a burden removed from my property. the burden is dated 1891 and I would like it removed as the properties have changed and the access my neighbour has is no longer relevant as they have they're own access
Customer: replied 1 year ago.
I am looking into getting a burden removed from my property. I live in a private dwelling which has a burden where the neighbour has access through my back garden. This burden is dated 1891 but is no longer relevant as the neighbour has his own access ie back and front door, back and front gate.
We had to get a solicitor last year due to harassment from the neighbour and he is no longer allowed to enter my garden.
The access is only used by bin men and grass cutters who come to maintain his property, but they have access through his gate directly into his garden, but they access through my garden.
i would like to know if i can use the 100 year rule to remove the burden.

Thank you for your question. I am a solicitor in Scotland. The answer is yes, you can apply to the Lands Tribunal which will take various factors into account in determining whether to discharge the burden as follows:

a.any change in circumstances since the title condition was created (including, without prejudice to that generality, any change in the character of the benefited property, of the burdened property or of the neighbourhood of the properties);

b.the extent to which the condition – i.confers benefit on the benefited property; or

ii.where there is no benefited property, confers benefit on the public;

c.the extent to which the condition impedes enjoyment of the burdened property;

d.if the condition is an obligation to do something, how – i.practicable; or

ii.costly,

it is to comply with the condition;

e.the length of time which has elapsed since the condition was created;

f.the purpose of the title condition;

g.whether in relation to the burdened property there is the consent, or deemed consent, of a planning authority, or the consent of some other regulatory authority, for a use which the condition prevents;

h.whether the owner of the burdened property is willing to pay compensation;

i.if the application is under section 90(1)(b)(ii) of this Act, the purpose for which the land is being acquired by the person proposing to register the conveyance; and

j.any other factor which the Lands Tribunal consider to be material. From what you say, I would be of the opinion that your chances of success are good. I hope that helps. You can look at Lands Tribunal procedure at www.lands-tribunal-scotland.org.uk. Please leave a positive rating so that I am credited for my time.

JGM and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi thanks for the information, i have already been told this from citizen advise, the problem is no one can help me complete the forms and i couldnt find a solicitor who knew about this procedure. Is there anyone you could recommend or can you help yourself if i contact you directlyEmma Green

Which part of Scotland are you in?

Customer: replied 1 year ago.
Livingston, West Lothian

I would be surprised if Caesar & Howie were unable to speak with this. Otherwise contact someone like Harper MacLeod in Glasgow. They will be able to help. I hope that helps. Please leave a positive rating so that I am credited for my time.

Sorry I see that you have a lady accepted above. No need to do so again. Thank you.

already, not a lady!