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Category: Scots Law
Satisfied Customers: 23699
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My mother owns a property which is a semi detached, closely

Customer Question

hi there, my mother owns a property which is a semi detached, closely built next to two properties 10 & 6, these properties have drive ways and bigger gardens ours is the smallest, although it was built in 1920 and no 6 in 1947, In order to access one side of my mum's house she needs to step on the driveway of the neighbour no. 6, open a gate and there is an alley way which both houses meet, then if you go further up you end of in the neighbours garden. I think the original owners illegally sold part of the land so they received a drive way and precedence over this. They are quoting Neighbour act 1992, but I think it is a combination of adverse possession on the pavement, preventing free access for both y mum and no 6 to get to the sides of their houses without knocking for permission? hope this makes sense please advise..
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we have sent them a letter, and we are trying to get more history to find out why the land is like that
JA: Have you talked to a lawyer about this?
Customer: not yet HM registry says that their tittle deeds are not exact so we need to prove that they are encroching
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i can't think of anything else thanks
Submitted: 7 days ago.
Category: Scots Law
Expert:  touchwoodsden replied 7 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are these new neighbours saying no access?

if not why is the issue arising now?

Customer: replied 7 days ago.
no they started storing things tat, rbbish against my mums wall because they can get to it more easily through the garden mum on their driveway, through gate, they said we don't own it
Customer: replied 7 days ago.
ok does he have a answer
Expert:  touchwoodsden replied 7 days ago.

Do you have a plan of the layout please?  It’s not apparent what is what.  I would need a bit of narrative on the plan to explain where the problem is.

This meanwhile, a lot depends on what your mother needs this access because under the Access to Neighbouring Land Act she is entitled to reasonable access over the neighbouring property if it’s needed to preserve/maintain her property.

Customer: replied 5 days ago.
File attached (G7TZVMZ)
Customer: replied 5 days ago.
if you send me your email i can ssend a video of the place in question
Expert:  touchwoodsden replied 5 days ago.

I see that this is in Scotland.  You didn’t mention that.  The more with regard to access could well be completely different because the majority of Scottish land law bears no relation to England.  I will opt out for another expert. Please don’t reply because if you do the question returns to my inbox as requiring my attention and it will slowdown any other expert replying to you.  Thank you

Expert:  AlinaK-admin replied 5 days ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
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Thank you!
Customer: replied 5 days ago.
Can you cancel please and return my money thanks!