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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16132
Experience:  30 years as a practising solicitor.
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I am a crofter and my question is regarding the access road

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I am a crofter and my question is regarding the access road to my croft which is also the access to my house.I understand a developer intends to cross this road to conect the public sewer willhe require a deed of servitude

I am a solicitor in Scotland. Thanks for your question. Does the developer already have a right over the land by virtue of the land he owns? If not he will need a right of servitude access to lay the pipes, connect to the sewer and for future repair and maintenance. He can’t just use land he has no rights over. I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today.

Customer: replied 11 months ago.
THANK YOU FOR YOUR REPLY . IF HE DOSE EXCAVATE THE ROAD AND LAYS THE PIPE WHEN I AM AWAY WHAT ACTION CAN I,TAKE IAM COCERNED BECAUSE IN THE LAST FEW YEAR I HAVE SPENT 4k PROVIDING IT WITH TARRED SURFACE

You can sue him in court to uninstall the work and reinstate the property to what it was before he interfered with it. However if there is a threat that he will do this you can go to the court now and seek an interim interdict stopping him from interfering with the land to start with. A local court solicitor with some knowledge of land law should be instructed to take this forward for you. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

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