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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 5446
Experience:  Dual qualified Solicitor and Attorney
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My wife and I have just moved into an new build home at the

Customer Question

Hi, my wife and I have just moved into an new build home at the end of a common driveway. Our Neighbour and their visitors are using this access road for parking. They have a garage and a 2 car driveway to the rear of their property. They are cause access issues to my wife, me and our visitors. It states on the deeds that there is no parking on the common drive and is for drop off only. I have asked them to have some consideration but it has fallen on deaf ears. We are in Scotland.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have contacted the management company for advice and they have written a letter to remind them that parking there is a breach of their burdens. They have ignored this.
Assistant: Have you talked to a lawyer about this?
Customer: Not yet.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My main concern it that they are blocking access to a fire engine or an Ambulance.
Submitted: 6 months ago.
Category: Property Law
Expert:  Jeremy Aldermartin replied 6 months ago.

Hi thank you for your message, if you want to enforce the terms of the deeds including any covenants there are by applying to the court for an injunction forbidding the neighbour from breaking the agreement. If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case property law. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 6 months ago.
How much does this process usually cost? A rough estimate is ok. Also, what will happen if they break this injunction? Although in Scotland it is called an interdict!
Expert:  Jeremy Aldermartin replied 6 months ago.

Apologies, I did not see you were in Scotland though the process would largely be the same. In terms of costs it would typically cost a few hundred pounds in court fees (which should be recoverable if you win) and then the fees for the lawyers which it is not possible for me to say exactly as they can vary greatly but something like this you might expect to cost around £1000 but again you should be able to get these costs from the other party should you win. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 6 months ago.
Could I possible send you a snip of the title deeds and fue boundaries to make sure I am in the right?
Expert:  Jeremy Aldermartin replied 6 months ago.

Yes go ahead

Customer: replied 6 months ago.
There doesn't seem to be any means of sending an attachment.
Expert:  Jeremy Aldermartin replied 6 months ago.

Hi thank you for your message, you should see a paperclip icon just above where you type that allows you to attach documents.

Customer: replied 6 months ago.
Apologies, I have no icons?
Expert:  Jeremy Aldermartin replied 6 months ago.

Hi thank you for your message, hopefully this should hep: http://ww2.justanswer.com/help/how-do-i-send-photo-or-file-expert-hl

You will likely need to be on a pc or laptop