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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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A private lane runs alongside my property. My titles say I

Customer Question

A private lane runs alongside my property. My titles say I have right of access and share liability with my immediate neighbours who also have right of access. Over a number of years the lane has been used as a rat run. In essence It is a narrow tarred path and not suitable for such use. The council have it as a registered bridle path and core path. The council advised one frequent user that it is a road with right of passage and can be used by the public using vehicles referencing the Road (Scotland) act 1984. Any advice appreciated
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.

Do you know who owns the road? Does it connect at least two public roads? What do you mean by a "rat run"?

Customer: replied 9 months ago.
know who owns road but they are not interested at this point. The road is used as a short cut by users who don't want wait in traffic and access the normal public road to access their properties. Yes the road connects two public roads
Expert:  JGM replied 9 months ago.

Has it been used in this way for more than 20 years?

Customer: replied 9 months ago.
Pedestrian yes vehicle no
Expert:  JGM replied 9 months ago.

that would make it a pedestrian public right of way. As regards ***** ***** it would be for the owner of the road to control whether vehicles are permitted or not. You say that he isn't interested. That would leave you to take proceedings against the owner on the ground of nuisance if that can be established. I'm not sure that the council's advice about the Roads (Scotland) Act is correct if the road hasn't been adopted. A private road is used at the favour of the owner of the road and if the usage of the road infringes on your civil rights then you would have a remedy against the owner. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 9 months ago.
Many thanks can you advise which legislation you have referenced to establish this.
Expert:  JGM replied 9 months ago.

No legislation. Public rights of way and the law of nuisance are common law concepts.