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We have bought our house and our neighbour is putting up decking…

Customer Question
We have bought our house...
We have bought our house and our neighbour is putting up decking under our bedroom window as we are on the ground floor of a block of four flats he is also denying us access to our back garden to be able to go round from the front to the back of the building. What can we do about it and who do we complain to.
Submitted: 9 years ago.Category: Scots Law
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Answered in 5 minutes by:
6/1/2009
Lawyer: Aston Lawyer, Solicitor replied 9 years ago
Aston Lawyer
Aston Lawyer, Solicitor
Category: Scots Law
Satisfied Customers: 10,799
Experience: LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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HiCustomer

 

Thanks for your enquiry.

 

First of all, please check your Lease to make sure you have the sufficient rights of access, and try and establish whether the neighbour owns the Lease for the area he is decking out.

 

If he is refusing your valid right of way, I would suggest that you write to him first, either yourselves or through a Solicitor. If this does not do the trick, you would need to contact the Landlord and ask him/them to take action against him. (There should be a provision in your Lease catering for this, but please note you may have to pay the Landlord's costs if you want him to get involved).

 

I hope this answers your question, and if so, I would be grateful if you could press the Accept button.

 

Kind Regards

 

Andy M

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Customer reply replied 9 years ago
He has a council flat he is the only one in the block that is council and I know for a fact that they won't do anything as we have previously tried to get something else sorted out before as our neighbour flooded us out three times when they first moved in as he was putting a garden hose under his sink to put out through a hole he drilled in his wall as a circumstance his dog kept knocking it off. We went to the person that dealt with our house purchase and he sent a letter to them and didn't get a reply.
Lawyer: Aston Lawyer, Solicitor replied 9 years ago

 

Hi again,

 

Thanks for the info.

 

I am afraid that if you wish to get the matter resolved, you will need to carry on writing/contacting the Council.

 

The Council, as your Landlord, is under a duty to give you quiet enjoyment of your property, and if this is not happening, you have a right to take action against them. If you persist, I would hope that the Council will take action for you.

 

Kind Regards

 

Andy M

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Customer reply replied 9 years ago
It doesn't work like that with our council which is in Edinburgh as we had bought our house they don't give two hoots about anything that is putting it mildly. As I said when we purchased our house the person who dealt with it wrote to them about what I have told you already and they didn't do anything about that either. We need to try and find someone who I will trust to do the job and get them to take responsibility for what has been going on.
Lawyer: K, Solicitor replied 9 years ago
K
K, Solicitor
Category: Scots Law
Satisfied Customers: 774
Experience: LLB (Law Degree) and BA(Hons) Business Degree and Diploma in Legal Practice. Partner in own law firm
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