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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15089
Experience:  30 years as a practising solicitor.
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Can a servitude right of access be delegated? I live in

Customer Question

Can a servitude right of access be delegated?
JA: Where is this? It matters because laws vary by location.
Customer: I live in Edinburgh. My house adjoins Neighbour A to the north and I have a servitude right of access over part of his property. Neighbour B, to the west of me, has asked whether I am prepared to let him bring building material over Neighbour A's land
JA: What steps have you taken so far?
Customer: I have told Neighbour B I have no objection to what he is proposing. Neighbour A however has objected on the basis that the servitude right of access is specific to the owners of my property , namely me, and cannot be extended to others without his express permission. Is he correct?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.
Submitted: 4 months ago.
Category: Scots Law
Expert:  JGM replied 4 months ago.

Thanks for your question. I am a solicitor in Scotland. A servitude like this would include your own family, visitors and tradespeople instructed by you in relation to your property. It would not include giving your neighbour permission to use the land on the basis that a servitude right must be exercised in a way so as to cause minimum disruption to the owner of the land. If what you propose was allowable it could feasibly turn a private servitude into a public right of way and would just not be permitted. I hope that helps. Please leave a positive rating so that Just Answer credits me for helping you today.