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Legal matters

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Scottish property matter: a question of interdicts.

2 replies

GrouchyKiwi · 17/06/2014 13:50

Hi. Wondering if anyone can help with a question about taking out an interdict against a neighbour.

Background: one of our neighbours has decided to convert a window in her flat to a door, which would open directly into the shared garden. Seems that things are heating up now as she had some workmen around this morning, possibly measuring up for a quote, possibly further along than that, it's hard to tell.

We live in a development of 17 flats around a communal garden. According to title deeds, if anyone wants to make changes that impact the shared areas of the development (external walls, gardens, etc) then they must get permission from the factor/all of the other owners. This neighbour has not done that, but is going ahead anyway.

My DH, who is a trainee solicitor, has sent her a letter explaining this, and mentioning the prospect of legal action if she continues, which she has ignored. The Factor has not given permission, and will not do so because she knows that at least 6 of the other residents are against it.

Factor will now call a meeting of flat owners to hash out the issue, but if this fails we will need to take out an interdict.

My question is this: if my DH takes one out in the interim, thus saving on legal fees and helping us get it in place soon since the work might be beginning, can others then join in on the action, if they decide to do so at the meeting?

Hope that makes sense.

OP posts:
Crutchlow35 · 22/06/2014 19:27

Why is putting a door in causing issues? I can understand issues of adding a conservatory or knocking down a wall but legal routes are expensive. Is it worth it?

GrouchyKiwi · 22/06/2014 20:43

Basically because it would take up some of the commonly-owned garden, reducing the amount of space our children have to play in. And it's the best part of the lawn area, too, as well as where several neighbours have washing lines.

Turns out she's now got planning permission for a deck to go with the door.

However! In the good news stakes, another neighbour has decided to represent herself and got a temporary interdict on Friday. Court case for the full issue is now on Thursday, so fingers crossed she does a good job and then we don't have to worry about it.

OP posts:
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