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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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I live on an unadopted road in NE Scotland and the
I live on an unadopted road in NE Scotland and the neibouring farm allegedly 'owns' the road. It has fallen into perilous condition largely through use of heavy lorries and agricultural machinery. Is … read more
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I am seeking advice concerning the Property Factors Act
I am seeking advice concerning the Property Factors Act 2011, and specifically what exactly is a property factor as defined in the act.We own and operate a small holiday estate with a number of houses… 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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Hi, I live in scotland in a house which lies up a private road
Hi, I live in scotland in a house which lies up a private road on a farm. Our water is provided via a header tank which is fed by a bore hole/pump etc from the farmer. My deeds do not state that I am … 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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We own our home but have right of access over a road which
We own our home but have 'right of access' over a road which is owned by an ancestral estate. Within the 'titles' we also have maintenance responsibilities along with the estate and a small number of … 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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This question concerns a private road in Scotland. My 86 year
This question concerns a private road in Scotland. My 86 year old mother has her house on a private road owned by the local Laird. In the deeds she and other houses are "hereby disponed to make of a s… read more
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A friend bought a piece of land in Scotland in 2003. The land
A friend bought a piece of land in Scotland in 2003. The land certificate states he has access rights over 3 important bits of land near by (a road to, and the land between the road and his site). Whe… read more
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I am a house owner with legal access on a private estate road
I am a house owner with legal access on a private estate road one mile long. ( Scotland ) The road is a dirt track in really poor condition. The owner of the land and road will not allow me to tar the… 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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A neighbour has just obtained, from a Sherriff Court in Scotland,
A neighbour has just obtained, from a Sherriff Court in Scotland, a declarator granting a servitude right of access over a driveway that I own. The writ was uncontested as I have never contested or de… read more
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My name is XXXXX XXXXX a new, finished property in
My name is XXXXX XXXXX a new, finished property in 2005.The boundary fences were in position when I purchased.There is now, 2012, a boundary issue with the Estate owner with regard to one of the fence… read more
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Hi, this question is about a private road. The road to our
Hi, this question is about a private road. The road to our Hazlehead Golfclub and the Hazlehead Park and Hazlehead courses is in severe state of disrepair. Recenly a sign appeared at the start of the … read more
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Hi I live on a fairly new development and we have a factoring
Hi I live on a fairly new development and we have a factoring company that are supposed to maintain the common grounds but the residents around here do not think they do. therefore we have decided we … read more
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Brevitatis Causa
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We have a right of servitude to use a road on a neighbours
We have a right of servitude to use a road on a neighbour's farm, to gain access to our property. This road is our only access and was damaged by a landslip in the recent deluge (December 2009). The e… read more
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We have a piece of land adjoining our property - the local
We have a piece of land adjoining our property - the local authority couldnt trace owner when they were extending the road about 10 years ago- and since then we erected a fence and used as a paddock, … read more
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