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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12082
Experience:  30 years as a practising solicitor.
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Hi, Following on from a the question I asked you in July about

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Hi, Following on from a the question I asked you in July about the lack of maintenance to the access road owned by Crown Estate to our property, you referred me to para 2.85 of Cusine and Paisley. Crown Estate have come back saying this is wrong and referred us to Chapter 14 para 14.04, so are still refusing to repair the road. Would you be able to advise on what to do next?
Thank you for your question.
I don think it is wrong if the road is in a dreadful state of repair. As I recall the law, if the road becomes impassable then the owner is no longer complying with the servitude obligation and in the absence of a title obligation obliging one or other party to make good, the owner has to do so by virtue of the fact that he is the owner.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you for this, well I guess if Crown Estate are not conceeding then I suppose the only way forward is to officially appoint a Solicitor to fight our corner which I imagine would be very costly. What would you advise?

I would suggest that in the first instance you ask a solicitor to look at the specific title deeds and advise. That exercise and to produce a subsequent report to you should be no more than an hour's work which would typically be £180 - £250 plus VAT depending on who you instruct.
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Customer: replied 3 years ago.

Thank you very much, this is the action I will take then and it is very helpful to get an idea of what to expect. Hopefully Crown Estate will back down if they get an official response form a Solicitor.

Thanks again, most helpful.