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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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Our solicitor has taken 7 years so far to sort out an access

Customer Question

Our solicitor has taken 7 years so far to sort out an access problem . This case involved suing our conveyancing solicitor for not securing a right of way over the driveway to our property. The person who owns the driveway had agreed to granting access to us , with the 'sweetener, of a large sum of money from the indemnity insurers who have accepted liability. However the owner of the driveway has recently passed away, and now our solicitor is saying that we have to wait at least 6 months for the sorting out of probate. Needless to say we are frustrated by the latest twist of events, but much more so with the slowness of our solicitor, as the agreement of the the access was now 2 years ago!! So now we are seeking advice as what to do next, should we just accept the fact that our solicitor is fairly ineffectual or should we seek help from another source?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

You could change solicitor but having come this far that might be counter productive. Assuming there is a legally binding agreement with the deceased neighbour, then the executors would be bound to follow through with the grant of the right of access. To do that they do have to have Confirmation from the sheriff court (known as probate in England). That can take some time depending on the nature and extent of the estate. I'm afraid you will have to wait until the Confirmation is granted. There is no other avenue that would be quicker in the circumstances you describe. I hope that helps. Please leave a positive rating so that I am credited for my time.