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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11419
Experience:  30 years as a practising solicitor.
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My terraced house neighbour in Scotland is refusing me access

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My terraced house neighbour in Scotland is refusing me access to her garden to replace barge boarding on my extension which extends into her garden. This replacement is needed to maintain waterproofness of my property. Has the neighbour any right to prevent access? To replace this boarding from atop my extensions roof would be dangerous.
Thank you for your question.

You need a right of access over your neighbour's land to do this. The right of access, if it exists, will be contained in the title deeds for your house. You need to look at the deeds to see what they say. If there is a right of access and she refuses access still you can, if necessary, take a case against her in the sheriff court for an order for access plus your costs. In my experience, however, a letter from your solicitor is usually sufficient.

Your first port of call is your title deeds, however.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks. I did not think that my deeds would cover access to my neighbours garden. I thought it would be in her deeds. Can you confirm that you believe my deeds will cover this? REgards

There will usually be corresponding rights and obligations across all the title deeds allowing access. So your deeds allow for access to your neighbours, your neighbour would have a corresponding right for access to your land etc etc.
Customer: replied 4 years ago.

Thanks very much - very helpful! Bye