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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11271
Experience:  30 years as a practising solicitor.
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i am a homeowner and would likt to move my fence to make my

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i am a homeowner and would likt to move my fence to make my back garden bigger i live on a small housing est in scotland with 111 houses on it the ground is communal and everybody owns 111th of the ground fence is 6ft and only one neighbour objects where do i stand only want to move it in line with my next door neighbours about 4ft thank you
Thank you for your question.

Technically you aren't allowed to encroach onto common ground. By doing so you would be impeding access to the other proprietors who have a common right.

However as a matter of practice what you propose is not uncommon. What you have to know is 1. If a neighbour objects and takes you to court, you would have no defence and would have to reinstate the legal boundary, and, 2. You can never own the land, irrespective of how long you possess it for.

I hope this helps. Please leave a positive response so that I am credited for my time.
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