How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7485
Experience:  28 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

Hi, I have a question regarings Scotts Law land and property: My

Customer Question

Hi, I have a question regarings Scotts Law land and property:
My mother-in-law has a property (an old croft) which is surrounded by someone else land. The feu disposition grants " a heritable and irredeemable non-exclusive servitude right of access to pedestrians and vehicular traffic... subject to the feuar (my mother-in-law) contributing to the maintenance and renewal of this access to present standards for farm and agricultural purposes only according to the use by the feuar". Now, next to the road also runs a small river (burn) and that has flooded in spring the access road and washed it away (in some places 1 m below ground level). The river is runs through the land of the "Superior", i.e. the person who owns surrounding land, and needed clearing. The Superior had been made aware of this. Because the river is blocked in places the flood waters had such force, that it washed out the road. In any case, who now has to pay to get the road back to its normal state, as it was before. Where would I have to look in Scots law to find out more about that? The feu disposition does not declare a percentage of contribution one has to make, so how much, if any, could the "Superior" ask for repair of road?
Please point me in the right direction where to look. I appreciate your answer.
Christian
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

The clause in the title appears badly drafted. It is always better to specify exactly who is responsible for what and to what degree, particularly where damage can be caused to a road which is more than wear and tear.

However the clause your mother is stuck with means that she has to contribute depending on the number of users.

If there is just her and the superior then the share is split equally. If there are others holding a servitude then they share the costs as well.

See Servitudes and Rights of Way by Professors Cusine and Paisley published by W. Green, in particular paragraph 14.68.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7485
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your answer and I am happy with it. Although I was not quite clear in my question.


 


Does it make any difference to paying for the renewal of the road when it was clearly the river (not just normal traffic) that damaged the road beyond usage. I guess I am wandering whether the landowner here has a duty of care to renew the road to a usable state.

Expert:  JGM replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    325
    UK Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    325
    UK Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    226
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    26
    I am a practicing solicitor, specialising in litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3851
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2624
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience