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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12079
Experience:  30 years as a practising solicitor.
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I live on an unadopted road the vehicular acces needs to be

Customer Question

I live on an unadopted road the vehicular acces needs to be upgraded for safety reasons .Do all residents have to agree on a scheme or would a majority suffice
Thank you
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
If maintenance of the road is a burden on the title deed of the property then any single owner (as well asbspouses and other categories of people with an interest) has a right to enforce the title condition. See online section 8 of the Title Conditions (Scotland) Act 2003. I think you should find that maintenance of the road is something that will be mentioned in the title. So you don't need a unanimous decision or a majority. I hope that helps. Please leave a positive rating so that I am credited for my time.