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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17057
Experience:  30 years as a practising solicitor.
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I own a property where my neighbours only have access

Customer Question

I own a property where my neighbours only have access rights, ie I have a burden to let them through my gates. They are landlocked and do not own any of the land on my peoperty. They are suggesting that because they have access rights then they own the land.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Not yet, I have the title deeds and OS Map for boundary etc. They are a new neighbour.
JA: Where is the land located?
Customer: Failrie, North Ayrshire KA29 ODW
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
Submitted: 17 days ago.
Category: Scots Law
Expert:  JGM replied 17 days ago.

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.

Expert:  JGM replied 17 days ago.

They do not own the land. A right of access is just that: they are allowed access to their property; that is not a right of ownership.

Expert:  JGM replied 17 days ago.

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.

Customer: replied 17 days ago.
Thank you, ***** ***** what I thought.Br
A Temple
Expert:  JGM replied 17 days ago.

You’re welcome.