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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 345
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A group of residents live on an anadopted road,all title deeds

Customer Question

A group of residents live on an anadopted road,all title deeds state heritable proprietors have a right of access subject to a maintenance liability subject to usage.The majority of the residents have formed an association with the intention of keeping the road in good order,and have backed this over a period of time by spending considerable sums of money.
All residents have been invited to attend meeting to discuss proposed maintenance and expenditure.As stated the majority have agreed,but a few will not attend the meetings,and refuse to pay any money.
We the association have raised an action through the small claims court(the amount we are suing for is less than £1500. from each individual) against one person at this time.At a recent court hearing it was established that only a heritable owner can sue another heritable owner.We have ammended our claim and are now in the process of seeking the written approval of a concerned to preceed with our claim in their name thru a spokesperson
Submitted: 8 years ago.
Category: Scots Law
Expert:  F E Smith replied 8 years ago.

Hello Raymond


Your question appears to have been cut off 'in mud flow' and before the question was fully formulated. Perhaps you would care to conclude?



Customer: replied 8 years ago.
As stated we are going back to court to plead this in the name of the heritable owners we have various facts that may be quoted, but are looking for any pointers in law that we may use,please consider this is being held under scots law
Customer: replied 8 years ago.

As some time has passed since my initial enquiry and response to your question . Am I to assume my problem is beyond your capability? If so please advise so I may move on


Raymond Czaja