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Category: Scots Law
Satisfied Customers: 28988
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I own an apartment which forms part of a converted mansion

Customer Question

I own an apartment which forms part of a converted mansion house which is owned by three individuals. The garden area to the rear of the property is mainly laid to grass and is communal to the properties. The person who owns the upper property has in the recent past (I am uncertain exactly when this took place
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Sorry, I'll continue. Demolished a small summerhouse and the contents of this and pieces of the structure have been left lying in the garden together with all sorts of other rubbish. I have spoken to the person who owns the apartment but no progress has been made. She will not respond to calls at her entry door and conversed from an upper window. How can I resolve this issue? Will it require a solicitors letter or can you suggest some other way of having this mess cleared up?
JA: Where is the apartment located?
Customer: Cairnaquheen Gardens.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I think I have provided all the information which I have.
Submitted: 14 days ago.
Category: Scots Law
Expert:  Josh-2010 replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. May I confirm if you are aware of who the freeholder is please? You mentioned that the freehold is owned by three individuals?
  2. do any of these individuals live in any of the individual flats?
  3. does the freeholder take an active role in managing the building and grounds or at least carry out maintenance tasks?
Expert:  Josh-2010 replied 14 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms from what you say, you need to contact the freeholder will freeholders of the land and building and if they are not already aware of the issue, report the matter to them and ask that they arrange to either coonntact the individual in question to require them to remove the detritus in the garden or failing which, remove the detritus themselves and charge the leaseholder for the cost of doing so if appropriate.

The Material in the garden from what you describe would constitute a derogation against your rights in respect of the garden and accordingly, the landlord has an obligation to take action to clear the same in order to restore the rights you have in terms of recreation over the area

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 10 days ago.
Because this is Scotland, each apartment owner, owns a portion of the freehold. There is no overall freeholder for the land and the building to whom an appeal can be made. The solution which you propose is, therefore, not possible. Each freeholder is an owner, in common, of some of the land on which the building stands and this is the piece on which this particular owner has seen fit to dump all the rubbish which is causing the problem. There are portions of the land which are assigned to each individual owner and this is reflected in the deeds, however the portion on which she has scattered all the junk is the piece which is owned in common.
She has also taken it upon herself to have branches cut from many of the trees in the garden without consultation with the other property owners.
Expert:  Josh-2010 replied 10 days ago.

I am sorry I missed your request for a phone call - I trust you had a productive discussion with one of my colleagues

Customer: replied 10 days ago.
Unfortunately I can't afford £44 to talk to a solicitor at the moment. I note the comment that you (Joshua) trusted that I had a productive discussion.i have not had any communication nor an answer to my last text.
Expert:  Josh-2010 replied 10 days ago.

I apologise for the delay in reverting to you over the long weekend. It appeared that you had requested a phone call and that it had been picked up by someone else. It is now showing that you have requested a call but it has not been picked up someone else - I am not sure why. It appears you may have been charged and I note your last comment. If you would like to organise a refund you can drop customer services a line who will arrange this for you:

I am sorry that I had not realised this related to Scottish law. The site has a dedicated board for Scottish law staffed by Scottish lawyers. If I might suggest you repost your question there one of my colleagues will I am sure be able to assist with the above: