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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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We live at number 26 and are having dispute with neighbour

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We live at number 26 and are having dispute with neighbour at number 28 re access. I am of the opinion that this access is for them to take round their refuse bins (wheelie bins) and for fire access as they have their own front door for all other access. We are in the process of decking the entire garden and to put a ramp at either side of the property, our neighbour says ramp access not suitable if he wants to bring his motor cycle round the back of the property in the winter. On checking my title deeds it states "there is reserved to the proprietors from time to time of the subjects known as number 28 a heritable and irredeemable servitude right of access over and across the area of pathway situated in the feu". Can you advise as to what servitude access they have.
Thank you for your question.

The have an unrestricted access over the pathway. If it had been restricted to the bins and for fire access the title deeds would have said so. As they don't your neighbours have access on an unrestricted basis and you are not allowed to prevent that access or change it in any way that affects their rights.

Happy to discuss further.

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

You havent answered my question about motorbike or about ramp on decking being sufficient access for right of way

He is entitled to wheel his motorbike along the path. Whether your decking ramp would affect that right is a question of fact, not law. It would depend on whether the bike could be taken round to his garden with the decking there. If the decking would make it substantially more difficult then this would be a breach of the title conditions.
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