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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15939
Experience:  30 years as a practising solicitor.
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If you own a property whose access road is owned by another

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If you own a property whose access road is owned by another person, and you buy the road from them, do you need to draw up a new deed of servitude for a person who as access to a field along that road (Scottish Law)
Customer: replied 7 months ago.
I registered this morning and at lunch time was told estimated response time was 8 mins but still not had response

Thanks for your question. I am a solicitor in Scotland. The title you get when you buy the road will have the servitude right in it already. A servitude right is heritable and the obligations and rights pass automatically with the title so there is no need to draw up a new one. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

Customer: replied 7 months ago.
thank you, ***** ***** just have access as far as his field gate? He seems to think he can come all the way along the road to our house, which is the only property along here, and is a dead end, and he also thinks he can add other gates nearer to my property which there is no need for

He has access to whatever the servitude right grants him access. He can’t extend the use of the servitude by adding gates.

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