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ReadyLaw, Lawyer
Category: Scots Law
Satisfied Customers: 2701
Experience:  Bar Professional Training Course
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I purchased a flat 5 months ago. It has a garden to the rear

Customer Question

Hi there, I purchased a flat 5 months ago. It has a garden to the rear which is accessed from kitchen via a door and over the shop below roof. Previous owner has accessed garden this way with no issues for over 30 yrs. now the shop owner is telling me that if I do t pay to have the flat roof replaced (it’s very old and leaking)he is going to cover the roof with anti vandal paint so I can no longer do this. I would need to go downstairs out front of building through a pend and up stone stairs to get to my garden. Can he do this?? The building access door into my kitchen is shown on the drawing in the deeds. I would no longer be able to use this.
Submitted: 10 days ago.
Category: Scots Law
Customer: replied 10 days ago.
I am in Scotland. The title deeds I have are from 1965 if that helps?
Expert:  ReadyLaw replied 9 days ago.

Hi, welcome to JA, I am Readylaw one of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Expert:  ReadyLaw replied 9 days ago.

No he would not be able to prevent access and/or charge you to have access. You do have a right to access in light of what is reflected on the deed. In addition, the previous owners would have acquired the right to use that particular access in light of the fact that they have done so for 30 years, they would have transferred that right to you.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 9 days ago.
The deeds are in old English and hard to understand the servitude access rights. It looks as though they say I can access the rear of the dwelling house through a pend close and up staircason the other side of roofs next to garden but does this mean I can access the actual dwelling house or just the rear of it I.e the garden area and the Area on top of below roofs with drying poles? It does state I can access the drying poles using staircase at back of dwelling house (through a pend close) as can the flat above me. At no point in the deeds does it state anything about my access rights into my garden?
So am I right in saying that regardless of what may be interpreted from the wording in deeds, because previous owner has been using access to garden over roofs for so many years I automatically have a legal right to do so?
Thank you
Expert:  ReadyLaw replied 9 days ago.

I am unable to comment on the deeds as I do not have them in front of me.

However the fact that the previous owners used that access for in excess of 20 years they would have acquired the right to do so, which in law can be passed to you.

Customer: replied 9 days ago.
Brilliant thank you!