Ask a Scots Law Question, Get an Answer ASAP!
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.
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
I am sorry I missed your request for a phone call - I trust you had a productive discussion with one of my colleagues
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: