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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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Neighbour trespassed onto our land to repair a fence post (gardeners

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Neighbour trespassed onto our land to repair a fence post (gardeners on their instruction). Post is less than three years old. Neighbour deliberately built fence on boundary, then built it in such a way that maintainence could only be carried out by trespassing onto our land. Fence unsightly when erected, so letter sent in 2013, clearly stating that no permission to enter our property would be given. Neighbours have now trespassed twice this year to repair defective workmanship. Claims he has right of access. Wondering if deliberate manner of construction removes right?
Is there a right of access in the titles? Can you confirm whether you are in Scotland or England as both are mentioned on my screen?
Customer: replied 1 year ago.
England. I did tick that. As far as we are aware, there is no right of access. The need to trespass was created when the neighbour erected the fence with the screws on my side despite a complaint at the time. This issue could be easily resolved. We will give permission for the neighbour to turn the fence around, the correct polite way.
If there is nothing in the title deeds allowing access then he doesn't have a right of access he would have to apply to the county court for an order to come onto your land to do repairs. Unless and until he does that you can prevent access, although to do so effectively you would also have to go to court to get an order.
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