Scotland -- legal presumptions and "free ish and entry"

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Joined: Tue Apr 09, 2019 2:14 pm

Scotland -- legal presumptions and "free ish and entry"

Post by fernicarry » Tue Apr 16, 2019 11:05 am


Our property is bounded on one side by an old farm track and that's what the description in our title says. I've had a look at the current title for our neighbours on the other side but it doesn't say anything in the wording about the farm track. Both title plans show the track mostly on their title but the outline on the plan doesn't follow any physical feature for some of its length.

There is a stone wall around our property and the plan outline is shown somewhat outside of this. A possible interpretation is that the boundary follows the line of a stream which runs alongside our wall at the front of the property but then goes underground and cuts across our property. From the point where the stream disappears the title outline could be continuing to run parallel to the wall at the same distance.

I have all our older deeds and they refer to 'free ish and entry' in regards to both the track and the main road at the front. Title written in 1862 so predates motorised vehicles. In the modern world what rights does this term grant?

We're not in dispute or anything and I get on well with half of next door, but the other half can be difficult. Sometimes tradespeople visiting me park on the track. If they are going to be there for any length of time I always ask them to move on to my property. Things came to a bit of a head recently after a plumber parked there several times whilst he was working on my boiler. I wasn't at home on most of the plumber's visits so couldn't ask him to move.

Would it be right in Scotland to follow the legal presumption that we each own the track to its midpoint? This is significant because she parks on 'my' side of the track at the only point where its wide enough to do so. He parks at the top of the track just beyond my vehicle access gate. Depending on exactly where she stops it can make access tricky for me, particularly in the dark and particularly when I have a trailer on the car. Its loose and uphill so I don't exactly want to be creeping past within inches of her car under those conditions. I've asked her to make sure she doesn't restrict the width available which didn't go down very well with her. We also have a small side gate that we use to take out the bins so if she is too far in the other direction then that can make it impossible to get the bins past her car. Are there any limits to the points on our boundary where we can exercise our right of free entry?

Even if you take the outline on the title plan as the boundary this would put her 'parking space' at least partly on my property anyway. He also regularly turns around at the top of the track using my property. I don't have any issue with this but I just find it ironic that two or three times a day he comes on to my property for his own convenience but she has a fit when occasionally someone spends a couple of hours on their property! I pointed this out during a heated debate after the plumber incident, so for a few days he took to reversing up from the main road. I made peace with him after this and he's back to turning round on my property.

Appreciate any opinions on this. Like I say not in dispute, but I'd like to be fore-armed in case things deteriorate.


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