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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11427
Experience:  30 years as a practising solicitor.
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My neighbour has a servitude right over a track on our land

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My neighbour has a servitude right over a track on our land for agricultutal purposes only . They also use it for fishing , both personal and commercial , is this allowed ? Recently they have taken heavy machinery along the path and caused a lot of damage , they don't want to repair it, where do I stand ?
Thank you for your question.

The maintenance obligation will be outlined in the title deeds. If the holder of the servitude has an obligation to maintenance and repair you can insist that they do so.

Fishing is not agriculture and you can insist that they stop fishing either on a personal or a commercial basis.

If they do not respond to a letter from your solicitor, your remedy is to raise proceedings for implement and interdict in the sheriff court.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.
Thank you, XXXXX XXXXX info about maintenance be in our title deeds ?
Yes it should be, immediately after the clause granting the servitude right of access.
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