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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12186
Experience:  30 years as a practising solicitor.
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Thirty five years ago we sold an area of ground, actually a

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Thirty five years ago we sold an area of ground, actually a hotel and car park. We still own the ground above this area. Our then solicitors omitted to reserve a right of access to our ground. As we have now retired we have obtained planning permission to build a house on our ground. To do this we will need a servitude right of access through the hotel car park. The proprietor has indicated his willingness to allow this, but has made no mention of any possible charge. What can I expect to have to pay to obtain this right, and can he prevent me from building on my land if we cannot agree a price? Do I have any rights in the matter, or am I completely in his hands.
Customer: replied 2 years ago.
P.S There is already an existing access to another house through the hotel car park, which we would intend using.
Thank you for your question.
If the owner of the hotel seeks payment in return for the grant of a deed of servitude, the price should be assessed by a surveyor. However, it is clear that if you are landlocked, the hotel owner could take advantage of he saw fit to do so as he owns the "ransom strip" that you need to build and get access to the area that you own.
He could prevent you from building in that he could prevent you accessing the site. You are completely in his hands. If you have only just discovered this error on the part of your former solicitors you may have a claim for professional negligence.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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