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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16864
Experience:  30 years as a practising solicitor.
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I would like to know the legal position of residents (some,

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I would like to know the legal position of residents (some, not all) in a small group of houses and flats (8 in total) who have a common parking area (and drying green) behind their buildings and small gardens. Some of these residents have taken it upon themselves to fence this area off and add gates and signage to deter other people from using the area – i.e. for walking through to get access to the main road from a lane which runs alongside their property. They are allocated 2 spaces for each property plus several extra for visitors. These buildings are less than two years old. The problem is, my sister-in-law lives in a house on the other side of the adjacent lane, and for convenience, would sometimes have us (my wife or I) drop her and her shopping off using this car park area – not for parking, but for this 30 second unloading activity. When I say sometimes, I mean once every couple of weeks, so not often. However, the residents (some, not all) have taken exception to this and are now harassing my sister-in-law and having letters sent from the factors etc. Now if this was just me, I would simply ignore them and their letters, but my sister-in-law has cancer and does not need this extra stress. I know this is a trivial matter, but it is annoying, and I have heard that these people are harassing others who try to walk through this area. Do they have any right to do so?

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

If the residents of the flats own the area you refer to and there is no right of access to others, which would be determined by an examination of the titles, then members of the public have no right to use the common area any more than they would have a right to cross someone’s provat4 garden.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 8 days ago.
Thanks. My sister-in-law lives in a similar property, and so I checked with her and she had to pay for two car parking spaces as part of her property, so I guess they must own that area. Fair doos, I'll just have to handle the matter differently.