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Access on to my property in Scotland

97 replies

Fitbachick · 27/02/2022 08:43

First time poster i am looking for help with what the legal situation is with neighbours using my front garden and driveway to walk over to get to their property.
I live in Scotland.
Properties are separate with separate boundaries nothing in title deeds apart from if they need access to repair anything such as a fence they have to arrange with us.
Damage has been done to the cars on the drive by them.
Police will not stop them as they are saying they have every right to do this.

OP posts:
Londongent · 27/02/2022 09:43

Why do they claim that they have a right of way over your property?

Londongent · 27/02/2022 09:44

I would fence in your boundary to stop giving them access to their property from yours

dementedpixie · 27/02/2022 09:48

Can you fence around your front garden? Why would they walk across your property to access theirs?

MaxCrashtappen · 27/02/2022 09:49

Diagram Grin

ItsCanardBruv · 27/02/2022 09:53

Are you Scottish?

FanSpamTastic · 27/02/2022 11:09

No ping arguing with people who think they have the right to literally walk all over you. Plant some very thorny bushes to block them.

Fitbachick · 27/02/2022 12:44

Yes we are Scottish. Can not put up any fencing as not allowed as per title deeds.
So basically want to know in law how can we stop them and does anyone know how we can enforce this.

OP posts:
Fitbachick · 27/02/2022 12:48

The way the property is laid out we would be unable to plant anything to stop them walking up our drive or over our garden.

OP posts:
dementedpixie · 27/02/2022 12:49

Can you put a picture on with the layout of the properties

Fitbachick · 27/02/2022 12:50

Not allowed to fence garden as per title deeds. They are truly horrendous people. Who have informed us as far as they are concerned they own our property as well and will do what they like on it.

OP posts:
HundredMilesAnHour · 27/02/2022 12:51

Temporary solution of a motion-activated sprinkler while you investigate longer term options?

Gasp0deTheW0nderD0g · 27/02/2022 12:53

Solicitor's letter? Sounds horrendous, sorry to hear you're in this situation.

Beamur · 27/02/2022 12:54

The Land Reform Act 2003 grants people a general right of access almost everywhere, but to be exercised reasonably and not through gardens.
If it's not a core path you have a private right issue here and should probably talk to a solicitor. It won't be a Police matter as it's a civil issue.

TyrannosaurusRegina · 27/02/2022 12:57

Or play them at their own game. Nice picnic in their garden. Walking round their grounds when you feel like it.

Fitbachick · 27/02/2022 12:58

Think i have managed to put picture on

Access on to my property in Scotland
OP posts:
Fitbachick · 27/02/2022 13:02

I just wondered what good a solicitors letter will do. And how you can enforce it as do not think they will take any notice of it. This is really just the tip of the iceberg with them. Moving is unfortunately not an option.

OP posts:
Cyberworrier · 27/02/2022 13:04

Is it your drive and front garden they walk on, or more the drive that's an issue? For the front garden you could try smelly manure in beds around the edges of it that they wouldn't want to walk on and ruin shoes - and thorny bushes as PP has said. The drive is more tricky. Keep notes/take photos of any damage to your car and maybe get a security camera? Solicitors letter also sounds like it might be needed as PP says.

HundredMilesAnHour · 27/02/2022 13:08

It does sound rather like they may escalate as they sound horrible so I'd get a Ring doorbell installed so you've got video footage just in case.

wobbleinprogress · 27/02/2022 13:11

I would fence it off with a gate. Who is going to take action against you? It would put them in the position of having to take action against you, not vice versa

wobbleinprogress · 27/02/2022 13:12

Or move

Londongent · 27/02/2022 13:13

@wobbleinprogress

I would fence it off with a gate. Who is going to take action against you? It would put them in the position of having to take action against you, not vice versa
This. No one will take any enforcement action. Alternatively start walking over their drive to get yo your property
CombatBarbie · 27/02/2022 13:15

Is it a new build hence the title deed reference to no fencing?

GoogleWhacked · 27/02/2022 13:16

Where & why are they walking in your property? I can't tell from the diagram.

Branleuse · 27/02/2022 13:17

what about obstacles. Big plant pots. Pointy rockery? Cactus garden? Tree?

Branleuse · 27/02/2022 13:18

or just assume you are sharing gardens now, and make use of theirs.