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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10919
Experience:  30 years as a practising solicitor.
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I own a piece of land which my neighbour has a right of access

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I own a piece of land which my neighbour has a right of access over I have now built a new driveway for him to use he agreed to this but now wants the title deeds put in his name can i make him use the new drive There is no plan in his title deeds shown the position of the drive the drive has been moved twice in thirty years with no problems
Thank you for your question.

There is no legal requirement for you to put this new driveway into the name of your neighbour.

In my opinion you can make him use the new driveway. The reason for that is that a servitude right of access has to be exercised in a manner least onerous to the owner of the ground. So if you have specifically created this driveway and it serves the purpose of allowing the neighbour to exercise his right under the title deeds, then that would be taken as being the least onerous manner of exercise of the right.

Happy to discuss further.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
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