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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12173
Experience:  30 years as a practising solicitor.
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We live in Scotland and I have a neighbour who parks at the

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We live in Scotland and I have a neighbour who parks at the bottom of our private track (shared by a farmer and two other house) blocking access onto the main road. This causes issues in winter due to ice and snow and we are concerned that we will crash into the vehicle when the conditions are poor due to the steepness of the drive. The neighbour as been asked to move the vehicle multiple times but wont. Who is liable if we crash into the vehicle obstructing the access?

The law says that you have to take reasonable care when driving not to collide with other road users. However the law also says that the other party has to take care for itself and if you have warned the party that it is not safe to park there for the reasons you give then if they continue to do so there will be at least a liability for contributory negligence if not more. However, the more basic point is that he is not allowed to park in such a way as impedes your enjoyment of your property. He is blocking access to and from the property. This is also a safety issue as regards ***** ***** emergency vehicles. Get your solicitor to issue a cease and desist letter threatening interdict and expenses. If you do have to go to court for an interdict and if he breaches it, he could be fined or even imprisoned. I hope that helps. Please leave a positive rating so that I am credited for my time.

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