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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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9 years we had used our neighbouring property to access

Customer Question

For over 9 years we had used our neighbouring property to access the rear of our house. That property was sold in September 2015 and purchased by a neighbor across the road who let it out. They then constructed a fence, padlocked the gate, and refused us access telling us that our access was actually through a neighobour two doors down. We had a solicitor look at things and he was on our side, threatening them with court action until a surveyor had a look at the deeds (no measurements on these) and said they "might" be right. At this our lawyer then completely backtracked and said we would not be right. The owners of the next door property have said that the right of access although along the back of their property continues into the next property and then out onto the street. The previous resident of our property has told us that for 13 years they also used 71 (the next door property, we are in 69) and after a dispute with the then owners of 71 had a lawyer look into things who advised 71 was the right access. The owners of 73 claim that the previous owners of their property (his grandmother) had asked for the current fence to be positioned to take in the right of access. Any advice would be greatly appreciated.
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have. As I said, the lawyer we have was completely on our side, demanded they remove the fence and gave them 14 days to do so. However, based simply on a Surveyor looking at the deeds (which as I say do not have measurements) he then completely backtracked and refused to pursue the matter. We strongly believe we have the right to access our property through 69 and owners of this property have done so for over 20 years - until last October.
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: I have measured the distances between the outside wall of 71 and the fence, and also 73 and the fence and yes there is more land on the side of 73 than 71.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Scots Law
Expert:  JGM replied 6 months ago.
Can you let me see the titles for 69, 71 and 73 please in 3 separate pdf files which you can scan to***@******.***, asking the moderator to forward them to JGM. I will then be able to have a look at this for you.