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Estate was built in 1990. The deeds contain the usual
Estate was built in 1990. The deeds contain the usual clauses about the builder maintaining the open space. When the last house was sold the maintenance would be passed to the residents unless (as was… read more
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This needs an expert in Scottish land law: I am in the
This needs an expert in Scottish land law: I am in the process of buying land in Scotland but the missives have not yet been completed. The land was sold via a blind bidding process and was owned by a… read more
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I share an access lane with 1 other neighbouring property.
I share an access lane with 1 other neighbouring property. There are only 2 properties involved. My neighbour has purchased a plot of land behind both our properties and has submitted planning to buil… read more
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Hello I am asking about ancillary rights and Deed of Servitude.
Hello I am asking about ancillary rights and Deed of Servitude. In Moncreiff vs Jamieson 2008 SC (HL) 1, the right to park their car on the Jamiesons' land was regarded as an ancillary right. (I gathe… read more
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I would like to get some clarification about the terms and
I would like to get some clarification about the terms and definitions in a Deed of Conditions. My father-in-laws house is on an estate of 45 houses completed on 2006. The Land Registry Certificate in… read more
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Hi we have brought a plot of land next to our own house. We
Hi we have brought a plot of land next to our own house. We have full servitude rights in a deed of conditions to do anything within the development site I.e put pipes in etc. rights are also reserved… read more
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I bought a plot from the farmer and built my house on it, the
I bought a plot from the farmer and built my house on it, the farmer retained a burden contained in my title deed that allowed him access across my property to his retained property (then agricultural… read more
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A Lane has been confirmed by the local authority (LA) as a
A Lane has been confirmed by the local authority (LA) as a private road. My undertsanding under the Roads Scotland Act, the definition of a road allows the public right of passage. The lane is stopeed… read more
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Hi!We just recently bought a house in Scotland. The previous
Hi! We just recently bought a house in Scotland. The previous owners told us that there is a right of way for the house behind ours through our garden for pedestrian access. We checked with our solici… read more
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Hi, I live in Scotland and have planning permission to build
Hi, I live in Scotland and have planning permission to build a new house in my garden. This new house will have access rights from a shared private lane (although it also has a public right of way for… read more
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advice on rights of way. In 1926 a Feu disposition provided
advice on rights of way. In 1926 a Feu disposition provided a burden on the property owners garden area to provide a fifteen feet wide access roadway from existing properties to the north to a Hotel C… read more
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I own a house which has a path running from the front garden,
I own a house which has a path running from the front garden, past the back garden, to a private lane at the rear of the house. A house on the opposite side of the lane at the rear of our house has a … read more
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I live on a terrace of 8 houses. We have an area of land which
I live on a terrace of 8 houses. We have an area of land which we have a common right of ownership to use for drying or bleaching clothes and for no other purpose. Around 12 years ago, residents agree… read more
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I need advice not on the legal issues but on correct process. We
I need advice not on the legal issues but on correct process. We are self litigant Defenders in a prescriptive right of access claim. The record was closed. I submitted a motion to re-open it and add … read more
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Hi My parents have a boundary dispute with their neighbours
Hi My parents have a boundary dispute with their neighbours - both parties have lived in the same place for around 45 years - but this started about 2 years ago when the neighbours claimed my parents … read more
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I own a property that shares an access with four other houses.
I own a property that shares an access with four other houses. We each have a 1/5 share of the private access road. I also own a separate patch of land (under separate title) that is accessed off this… read more
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I own a property ajacent to Loch Awe in Scotland. The house
I own a property ajacent to Loch Awe in Scotland. The house is a former school. Ajacent to the school is the former schoolmasters house. The schoolmasters house has riparian fishing rights on the Loch… read more
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Brevitatiscausa
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HI,ME AND MY PARTNER IS TRYING TO PURCHASE A PLOT OF LAND BUT
HI,ME AND MY PARTNER IS TRYING TO PURCHASE A PLOT OF LAND BUT OUTSIDE THE FENCE THERE IS ABOUT 2.8 METRES TO THE SIDE OF ROAD AND ITS NOT FENCED IN. WE ARE SHARING AN ACCESS WITH AJOINING SITE WHO HAS… read more
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