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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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We have lived in our house 11 years and own the property.Both

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we have lived in our house for over 11 years and own the property.Both ourselves and neighbour have agreed to now put a boundary fence up to separate the gardens and we want to put a gate on this fence for the following reasons ;
1. we have two outside storage rooms that are part of our building and the doors of which are at the rear of our property and look into our neighbours and we need access , we have used this access for over 10 years without there being any issues .
2 .we have had access to the rear of our property through our neighbours yard for over 10 years with out any issues and have used this to take our bins out / clean our three windows that look into our neighbours land / property .
3 . my mother is disabled and we have used this access to get my mother into our home property , as our back door is on the side of our property and we have accessed this from the neighbours land for over ten years with any issues .
4 .we have parked our cars in the land at the rear of our properties which is owned by our neighbours for over ten years without any issues .
All we want is a gate on the fence so that we can ;
access our storage rooms , clean our windows . We have no plans to use this for parking our cars etc..
can you legally inform us if we are allowed to put a gate on this fence please ?
Thank you for your question. I am a solicitor in Scotland and will help you with this.
Can you tell me, do your title deeds provide for access over your neighbour's land as described by you.
Customer: replied 2 years ago.
the title deeds do not state access , however after having access for ten years unless we put a gate on the new fence then we cannot clean or windows or access the guttering or access the storage rooms we have on our building .
is it possible to call you to discuss please ?
If there is nothing in the title deeds about access over your neighbour's ground, then legally you have no right to do so unless the access right has been exercised openly, peaceably and without interruption by you and your predecessors in title for a period in excess of 20 years.
After 20 years you would have what is called a prescriptive servitude for access.
So the answer to you question is that, no, you can't insist on a gate being put into the fence as you have no legal right of access over your neighbour's ground. You have been exercising access so far by the grace and favour of your neighbour's and there is no legal obligation on them to agree to a gate.
I'm sorry this is not what you want to hear but that is the legal position which arises from the scenario you describe in your narrative. The period of use for constitution of a servitude by prescription in 20 years under the law of Scotland.
Customer: replied 2 years ago.
thanks for getting back to me with the legal position . OK , so the fence goes up without the gate , how do we get access to the storage rooms that are part of our building but require access from our neighbours land ? we have two doors on these which will be required to move onto our side of the building however in the meantime we may require access as we have done os ofr over 10 years
You don't, unless the neighbour's permit access.
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