Scottish Law Questions? Ask a Scots Lawyer
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).
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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.
The only way to resolve this if a solicitors letter to the council didn't have any (and presuming your title contains the right for you to access the relevant areas of the garden) is to raise an action against the council in the Sheriff Court to make them take action against the tenant. They cannot ignore this as if you are successful in your action the council will have to act. You should contact a specialist litigation solicitor who will have experience of such type of actions as he solicitor who purchased the house for you is likely to be a conveyancing solicitor who may not have the requisite experience in litigation.
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