right of access - scotland

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sandra shields
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Joined: Wed Feb 28, 2018 10:38 am

right of access - scotland

Post by sandra shields » Thu Mar 01, 2018 2:49 pm

Hello,
thanks for adding me to the forum!
now, I have a smallholding that straddles the access road to two other properties and in effect, I own the road that lies within my boundaries. The original road would have been a very simple cart track - it was updated approx 20 years ago when a forestry plantation was established. Until just recently, the 3 properties shared the cost of maintaining the road and everyone was happy with the arrangement. One of the properties has been sold and developed into a dwelling plus field with the rest of thr forestry and large farm building being retained by the purchaser. The rumour is that once the farm house has been sold the farm building will be demolished and two or three modern houses will be built.
This will affect me in the following ways:

The water for the present house is supplied from a borehole within my boundary - the owner has already asked us to formalise this by means of adding it to our deeds. I've said yes, providing it is for one property only. He hasnt got back to me.

the access road to the 'new' properties will be through 'my land' - will he have to ask my permission and get the deeds changed.

Of course, this is all rumour at the moment and no planning permission has been applied for yet but I would like to be prepared should this happen.

thanks!

MacadamB53
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Re: right of access - scotland

Post by MacadamB53 » Fri Mar 02, 2018 2:41 pm

Hi sandra shields,

the access road to the 'new' properties will be through 'my land' - will he have to ask my permission and get the deeds changed.

no - every inch of his land already has a RoW over your track.

kind regards, Mac

ukmicky
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Re: right of access - scotland

Post by ukmicky » Sat Mar 03, 2018 12:47 am

The water extraction however could give him problems
Advice given is not legally qualified and you are advised to gain a professional opinion

sandra shields
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Re: right of access - scotland

Post by sandra shields » Sat Mar 03, 2018 10:28 am

Thanks for your replies.
if this goes ahead, could I expect him to make up the track to a metalled or similar road. Would the council then have to adopt it.

there is no mains water nearby so he would have to put in connecting pipes along the public highway - when it comes to connecting to the houses would he have to get my 'permission' to cross over my land.

thanks again!

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