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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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OUR HOUSE IS LINK VILLA,BUILT IN 1964.BY WiMPY BUILDERS. THERE ARE 8 HOUSES BUILT TO THE SAME DESIGN IN A ROW ALTHOUGH SOME HAVE ALTERATIONS AND ADDITIONS We have had along standing disagreement with our next door neighbour relating to s strip of groud at its widest point 16 approx 20 inches wide/5/6 inches wide and about 20feet long. i.e.a flower border.Bought as part of our front garden. We bought our house in 1987.There is no clear definitation of owerership due to unclear property plans of the areas involved'We have had to resort to legal proceeding over the past three years.although 2015/2016 has been quiet with no further legal threats.The problem has now arrisen that we must have essential repairs to our roof. the Fascia and boarding must be replaced.Our neighbours of No6 have refused the builders access to their Garage roof in order to erect scaffolding and carry out the repairs. on that side of our house. We do not have in our title deeds written permission stating that access must allow for repair and maintenance of our property. Have the people of Number 6 the authority to refuse access for repairs. Evidently we due to our contract signed are liable to pay whether the work is carried out or not.
I'm afraid the answer to your question is that the neighbours have no legal obligation to allow access for repairs to your property unless the title deeds permit it. Unlike other jurisdictions, Scots law has no law allowing access in the absence of a title right or an agreement between owners. Happy to discuss further but there really is no answer to this that would help you, sorry to advise in the negative on this occasion.
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