Right of access

[literallychristraeger]

Hoping someone can offer some advice. Received a solicitors letter today from the owners of the commercial property next door. Saying that they would like to 'help' us fix the deeds of both properties and remove the clause giving us right of access to the road that runs alongside our house and round to what is the next door properties car park.

We use the road to access our driveway which is directly at the back of our house and has gates going across it. We've always had access and it's been on the deeds for almost 50 years. We had it all confirmed by our solicitor when we bought the property as we knew that access to the drive might have been an issue. The letter says that we can agree and sign or we can do it through the Lands Tribunal Scotland but that they hope that wouldn't be necessary? That they've looked over the property and can't see why we need access? I don't think they can have done as the gates and drive are very obvious!

Am I right in thinking that the owners want to right of access removed and are not so subtlety hinting that we should just agree and not cause a fuss? Can they do this and why would they need to? What could I do and does anyone know what the Lands Tribunal would mean? I'm going to go get legal advice but that can't be till Monday now and Im not really sure what kind of solicitor I need to engage or what I should be looking for?

I can't see them getting anywhere with that case, and suspect they are just sending the letter in the hopes that you will agree without fuss.

Sounds like they are being cf and trying it on.

Molly you will get more responses by starting your own thread.

OP, based on your post I can't see they have any sort of case. It sounds like your access rights are set out in the deeds. You need to engage a solicitor with property law expertise to tell them to do one.

How do I start my own thread

Have you got legal co er with your house insurance ? Speak to them

You need a good property solicitor - residential property will be okay unless they just do conveyancing.

This isn't my area (although I work with people who do commercial property where it comes up a lot) but my understanding is that if they refer it to the Lands tribunal, you will have the opportunity to object and give evidence. At the moment you need a solicitors letter saying that you have the right of access, you use and rely on the right and that if they go to a LT hearing you will object and seek costs.

The commercial property is probably trying it on - their solicitors are unlikely to have visited the site and will be relying on the information from your neighbours.

Thanks everyone, I will make an appointment on Monday to see a solicitor. Hoping that a left will do and we won't need to go to Tribunal. Had plans to sell and I'm guessing that won't be possible while we are in any kind of legal dispute.

Our house is on the Main Street so a lot of appeal is from having private parking so I wouldn't want to lose that and have the house value go down

• should say letter obviously 🙄

Scotland might be different but I would expect in England the solicitor's letter to be along the lines of "hahaha nice try" in legalese. Good luck.

how did you get on OP?