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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10785
Experience:  30 years as a practising solicitor.
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Hi, I live in Scotland and have obtained planning permission

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Hi, I live in Scotland and have obtained planning permission and started to build a garage in the back lane to my property. As far as I am aware, the back lane has common access rights to all properties, all of which are flats with mine being the only house in the street. The plot of land I am building on belongs to my home, which I have documentary evidence to support although, I have had to provide a means of access to the neighbours garden on the opposite side. Only now that the building is up to wall head height has one of the neighbours objected over the size claiming this may have an adverse affect on the resale value of his own home. He protested to our local planning department who told him that since planning had been passed, he was out of luck, I believe the conversation was quite heated as they actually terminated his call. He has now brought to question my right to access the garage over what he claims is land belonging to his property, presumably to prevent me from going any further with the build. Where do I go from here as I'm not about to tear it down?
Thank you for your question.

If you will access the garage from the common lane then there is no problem. If you are having to cross land which belongs to him exclusively then you do have a problem.

If you would like me to look at the titles and plans for you please scan and email these [email protected] and ask them to forward the file to JGM.

You may also want to pencil in where the garage is being built and also the area that your neighbour says his in his exclusive ownership.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Many thanks for your response. I have since spoken to a couple of the other neighbours, who it seems have also complained to planning, and they have confirmed that the area immediately behind each property belongs exclusively to to the upper flats, but they thought there was a right of access. I will have to try and get a copy of the deeds to you.