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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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My terraced house neighbour in Scotland is refusing me access

Resolved Question:

My terraced house neighbour in Scotland is refusing me access to her garden to replace barge boarding on my extension which extends into her garden. This replacement is needed to maintain waterproofness of my property. Has the neighbour any right to prevent access? To replace this boarding from atop my extensions roof would be dangerous.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

You need a right of access over your neighbour's land to do this. The right of access, if it exists, will be contained in the title deeds for your house. You need to look at the deeds to see what they say. If there is a right of access and she refuses access still you can, if necessary, take a case against her in the sheriff court for an order for access plus your costs. In my experience, however, a letter from your solicitor is usually sufficient.

Your first port of call is your title deeds, however.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7876
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks. I did not think that my deeds would cover access to my neighbours garden. I thought it would be in her deeds. Can you confirm that you believe my deeds will cover this? REgards

Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.

Thanks very much - very helpful! Bye

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JGM
JGM
Solicitor
5208 Satisfied Customers
28 years as a practising solicitor.