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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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Hello, I live in a cul de sac in a private residential area,

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Hello,

I live in a cul de sac in a private residential area, my neighbour next door has started a bed and breakfast business.

In my title deed is states quite clearly that the houses within this development are for private residential use by one family only and that running a business is not allowed.

To the best of my knowledge he has not applied for planning permission from the local authority.

What rights if any do I have?

I live in Scotland

Thanks
Thank you for your question.

Two things. Report this to the council as a breach of planning. They can serve an enforcement notice.

From your own point of view, you are entitled to take your neighbour to court and rely on the title conditions to get a court order stopping your neighbour from running a business from the property. You can also seek the expenses of such proceedings from the neighbour.

Happy to discuss further but if you go to court you will have to see a solicitor face to face.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks for your informative and fast response.


 


The local authority appear to have little or no interest when it comes to the subject of private title deeds, could I also take the council to court and the official responsible on an individual basis?

The council has no interest in what your title deeds say but they should have an interest in upholding planning policies and regulations. In theory you could take them, not the individual to court, once you have exhausted all council avenues. This action would however, have to be in the Court of Session for Judicial Review of the decision of the Council not to investigate and enforce. An action of Judicial Review, indeed any Court of Session action, is expensive and stressful and you don't want to go there if it can be avoided. You could instead try going to the local government ombudsman and see if that route would help you. Before doing so, however, why don't you go along to see your elected councillor at one of his or her surgeries. If anyone, it is the councillor, who will of course have some influence over the council officials.
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