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

Customer Question

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: 8 years ago.
Category: Scots Law
Expert:  Aston Lawyer replied 8 years ago.




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

Customer: replied 8 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.
Expert:  Aston Lawyer replied 8 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

Customer: replied 8 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.
Expert:  K replied 8 years ago.

Hi there,


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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