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Original poster

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:
Original poster
Fitbachick · 27/02/2022 13:19

Yes its a new build estate

OP posts:
emsmar · 27/02/2022 13:20

Start traipsing through their garden! Pair of pricks

Original poster
Fitbachick · 27/02/2022 13:21

Have security cameras makes no difference they still continue. Police are involved with other issues and yes they are escalating.

OP posts:
Original poster
Fitbachick · 27/02/2022 13:23

The council would take action. Large area also to have to fence off and would be unable to put a gate on the drive. Council already advised that we would have to remove the fence.

OP posts:
Original poster
Fitbachick · 27/02/2022 13:23

Moving not an option as unable to get mortgage.

OP posts:
Ginger1982 · 27/02/2022 13:25

Where are they actually walking?

Original poster
Fitbachick · 27/02/2022 13:26

@GoogleWhacked

Where & why are they walking in your property? I can't tell from the diagram.
They walk along pavement then either through our front garden or up our drive then cross onto their property. Or they come out of there path at side of house and walk over our drive and over front garden or walk down the drive and out onto pavement at front of our property.
OP posts:
DdraigGoch · 27/02/2022 13:30

You need to speak to a solicitor.

eurochick · 27/02/2022 13:31

Spiky bushes along the boundary.

HundredMilesAnHour · 27/02/2022 13:34

Sounds like you have no choice but to go down the legal route. They're trespassing on your property. Make sure you've put in writing to them that they don't have your consent. And then any video footage will be evidence. You can take them to court for damages if you can prove it was them and they were careless (hence the importance of cameras).

If they've already damaged your cars, and they're escalating, and have made it clear they won't stop, and you're stuck there, you only have 2 choices OP: put up with it or fight back legally.

Nanasueathome · 27/02/2022 13:35

@Fitbachick

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.
Why do they believe they own your property as well as their own?
RandomMess · 27/02/2022 13:37

Get some wrecks of cars and park them bumper to bumper along you drive.

Motion detector sprinkler over the lawn

RandomMess · 27/02/2022 13:38

You could use planters with trellis in them all along your boundary too - it's no a fence after all!

Mayblossominapril · 27/02/2022 13:38

What can you legally (I presume covenants are the issue) put on your drive to deter them. Plant pots, an old car you don’t use parked right on the boundary. Dig a trench or two
Contact your councillors/mp/msp
Councils can’t usually enforce covenants. If it’s a planning issue you can apply for planning for a fence. If it goes to committee take all your evidence with you.
Keep reporting everything to the police. Is anyone in your house disabled or another protected group? Label it as harassment
It’s a long haul.

Original poster
Fitbachick · 27/02/2022 13:41

@DdraigGoch

You need to speak to a solicitor.
Yes i know but wanted to know if anyone has had this problem and what exactly a solicitor can do other than write a letter. Also the idea of cost involved.
OP posts:
Luredbyapomegranate · 27/02/2022 13:50

I don’t know OP - but what I would do is talk to citizens advice on Monday. They are free and have a lot of knowledge.

If you can’t have a fence, then spikey bushes or a water sprinkling system may be an option. Also security camera for damage.

Easterbunnyiswindowshopping · 27/02/2022 13:52

Would house insurance cover legal costs?

Jaxhog · 27/02/2022 13:55

Several suggestions: Prickly plants, bog garden (my favourite!), pond, chickens (you have to fence these).

CombatBarbie · 27/02/2022 14:03

Look at your home insurance.... I'll bet they think they are being cocky thinking of the right to roam act in Scotland.... Which doesn't apply here.

I'd there a clear boundary between the drive and their side, I'd be inclined to plant fast growing shrubs.... Although I dont know why you can't fence the side boundary (I know the front facing one is a regular line in new build deeds.)

CombatBarbie · 27/02/2022 14:04

Can you confirm if your mortgaged or renting to try and understand the "ownership" remark

Original poster
Fitbachick · 27/02/2022 14:04

@Easterbunnyiswindowshopping

Would house insurance cover legal costs?
Am not sure. But believe even if i enquire then it is classed as a claim against me but am thinking i am going to have to go down this route. Am already a lot of money out of pocket due to them. I just can not see that sending a solicitors letter out is going to change anything. I would say their behaviour will get worse. Also can not see how it would or can be enforced.
OP posts:
Ginger1982 · 27/02/2022 14:05

So is there no physical boundary at all between where their side access is and your drive? Else actually is their 'side access?' Is it just open or is there a gate?

Original poster
Fitbachick · 27/02/2022 14:07

@CombatBarbie

Look at your home insurance.... I'll bet they think they are being cocky thinking of the right to roam act in Scotland.... Which doesn't apply here.

I'd there a clear boundary between the drive and their side, I'd be inclined to plant fast growing shrubs.... Although I dont know why you can't fence the side boundary (I know the front facing one is a regular line in new build deeds.)

I cannot fence the side drive as i have no where to put fence posts as it is tar on my side. As it is tar i am unable to plant anything there either. Have spoken with council planning department and they confirmed that we would have to remove fence.
OP posts:
Original poster
Fitbachick · 27/02/2022 14:09

@Ginger1982

So is there no physical boundary at all between where their side access is and your drive? Else actually is their 'side access?' Is it just open or is there a gate?
There is a side fence so far back and they have a gate to get in. There is like a stone ridge going between the properties which shows on deeds that this is boundary line between us and them.
OP posts:
strawberry2017 · 27/02/2022 14:09

In all honesty if moving is not an option I would I let it go. I would place CCTV to keep an eye on my cars but other then that I don't think the fight is worth the cost especially when you will still have to live next door to them.
Im not sure it's a battle worth having.