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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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A neighbour (who owns the land surrounding our hamlet) is repeatedly

Customer Question

A neighbour (who owns the land surrounding our hamlet) is repeatedly sending emails and lawyer's letters accusing us of various actions such as:
Leaving dogs to defecate without removing the excrement thereafter (though we have no dogs),
Deliberately driving in the mud to the side of the road,
Hitting golf balls onto their land, and
Of having built our garages on his land.
None of these things is true, and we are all distressed.
He has also stated that his cars must have priority on the road (a private road) so that we, and not they, are to do all the manoeuvring, although we have a right of access and pay upkeep.
Does this count as as harassment, and, if so, what can be done about it?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Where the statements are untrue it is more defamation than harassment although there is certainly a harassment element. Subject to the exact detail of your statement, your solicitor may consider an application for a prevention of harassment order to be appropriate.
However, at this stage the right way of proceeding is to get your solicitor to issue a cease and desist letter to this neighbour denying the allegations and indicating that any repetition will be treated as defamation and harassment and actioned accordingly.
At the same time the lawyer can point out your rights of access and ask him to cease and desist his behaviour in this connection also. His cars do not have right of way. Indeed as the servient tenement of the roadway really the opposite is true. You have a legal right of access which he should not be interfering with and he is. Again you can raise proceedings against him for this if he doesn't stop his behaviour.
I hope this helps. Please leave a positive response so that I am credited for my time.