Right of access

I would rather get on with my neighbours, I dont see any difference to them carrying their rubbish, which he doesn’t object to, or their shopping.

So just as you and your son thought, Estatehelp. Right of service access only. No doubt the neighbours will be frosty for a while and have to change the way they behave but they’ll get used to it. As you say, they can and do use the front door.

There is only one way of finding out what this clause means and that is to speak to a lawyer. All we can do is guess and think of examples we know of etc. Especially as this is Scottish law, and most of us, live outside Scotland.

Estatehelp, the only help you can give your son is to get him to see a lawyer as soon as possible. This phrase will have a clear meaning that will be common in Scotland and he will then know exactly where he stands. I doubt it will take up even half an hour of a lowyers time.

This shillyshallying about, searching on google etc will get you no where - See s lawyer.

Hello all

Son spoke with solicitor. It is for service use only so works to be carried out, taking bins out, anything really where workmen or indeed themselves need access to carry out work to the building, electricity lines, water pipes, etc.

Not for anything else.

Solicitor said if it continue they could write a letter telling them to stop.

My son doesn't want conflict but doesn't like their attitude of 'so what'.

Thank you all

Yes Silverbrooks, you gave a very clear definition and plenty of additional information, but some people only want to express their own opinion without regard to facts.

Excuse me. I gave the dictionary definitions because OP specifically said the word servitude is throwing me off. The OED clearly defines what servitude means in law and specifically Scottish law.

MorningMist

That’s the point I have tried to make ViceVersa. We can’t try to interpret this Scottish legal wording by reference to English practice or dictionary definitions.

Yes, exactly. My comment wasn't aimed at any one in particular, by the way, just in general.

That’s the point I have tried to make ViceVersa. We can’t try to interpret this Scottish legal wording by reference to English practice or dictionary definitions.

Again, please do not assume that just because something may operate in one way in England that it is the same here in Scotland. Our laws can be very different in regards to this kind of situation.

But what is ‘using it correctly’? Does your son have a definition of that from his solicitor?

But they do like what they bought - a terrace house with a right of access. It’s your son who doesn’t like what he bought, so you might as well say of him “If you don’t like it, you shouldn’t have bought it.”

It seems like one of those arguments between neighbours that you read about in the paper where they.end up paying thousands for court fees.

Some of the suggestions for blocking access horrify me. As I’m sure you know, he would put himself totally on the wrong side of the law if he did that!

I think he has to seek a legal definition of “right of service access”, what it includes and what it doesn’t to make sure that any action he takes is legal. A pity it wasn’t spelled out at the time of purchase. Presumably he would have thought twice about going ahead.

I sympathise over the fence because I’ve had the same in one of the houses I lived in. Fortunately joint responsibility was in the deeds. But we came to an arrangement. I paid for the materials and he did the work of putting up the new fence.

It’s a pity your sons neighbours don’t seem as reasonable.

I understand they have a legal right of access and my son has no issue for them using it for services. He has no issue for works, maintenence, bins, but not to simply take their shopping in and having a peak in his home at the same time.

When he said they need to ask, they have been awkward since. They were like this when they both had to replace a mutal boundary due to storm damages. After my son collected cheap quotes, approved by neighbour, then asked for money, they said he was being awkward and they didn't know where they would be getting it from. My son had to pay the lot. So yes, if they don't like a terrace house, don't buy one. My son knew anout the service access and joint costs and is more than happy contributing his share and allowing access when it's used correctly. They just want to come and go as they please.

Swell it’s not a new right because it’s in the deeds, so probably there from when the houses were built. As per my childhood it wasn’t unusual for the village where lived. Almost all terraces in the village were built like this. Something to do with fishermen’s cottages perhaps?

I suppose the son might not have been made aware of the servitude before he bought, particularly if he used an online conveyancer, but he should have read the deeds before buying!

I’m afraid the neighbours did buy a house with a legal right of access across the neighbours garden, and he bought a house with a legal right for neighbours to use his garden for access.

That’s the way it is.

I would have thought 'right of service 'refers to their right of access to push their dustbins on the path to the street and retrieve them, and for access for building work or painting, cleaning etc. My friend had this situation and never had any trouble from either of her neighbours.
But he will have to check with a solicitor as it sounds as though his neighbours are being deliberately uncooperative.

Lathyrus3

“If you don’t like living in a terrace house don’t buy one”

They bought a terrace house with a right of access.

If you don’t like your neighbours having a right of access across your garden, don’t buy a house that s got one, maybe?

Ah if life was so simple. I daresay the previously s owners concealed this supposed right, if it was being exercised at that time. Or it is a "new" right being claimed by nasty neighbours. Right of service access is rarely a big deal and that's what the purchaser thought was allowed.

Awkward, horrible neighbours. Probably derive some pathetic satisfaction from winding him up. He either puts up with them, fights them legally ( they'll probably ignore it) or plays dirty +blocks access, gets an XL Bully, has all night parties). These kind of neighbours seem to enjoy confrontation and are never wrong. CCTV might keep them in check when he's not around. One way plastic screen on windows means he can look out and they can't see in.

“If you don’t like living in a terrace house don’t buy one”

They bought a terrace house with a right of access.

If you don’t like your neighbours having a right of access across your garden, don’t buy a house that s got one, maybe?

Exactly OldFrill. Afaik nobody here is an expert in Scottish property law, which is not the same as English law. A right of way cannot simply be blocked off. The OP’s son must ask the solicitor who dealt with his purchase exactly what this means of access can be used for and, if the access originally authorised has been expanded by long use, what the current situation is and if there are any means of altering the arrangement with the neighbours’ agreement, as would be the case in England - but if the neighbours agree they would probably ask for compensation as well as requiring the son to bear all the legal costs.

The awkward comment has confused my son. They are simply being awkward. If they don't like living in a terrace house, don't buy one. Yes they are cheaper but not my sons issue. The other week they were emptying their car to put things in their shed. My son had his car parked very close to his windows. One of the neighbours was almost squeezing past his car with boxes and had a cheeky look in his window. He doesn't understand why they walk across his driveway either. They are either too stupid and don't understand definitions or too lazy to take the extra steps to walk around the drive way to the path in which they have access to use.

They do use their front door that is what puzzles my son. Every so often they just go through his garden. They sometimes do this to access their shed. But the shed is in their garden whcih again you can access by walking through the house, to the kitchen and out the backdoor.

Yes they can use it for putting bins out but they keep theirs outside their front house no that has never happened.

Assuming he owns the house he should revert to the conveyancing solicitor he used when purchasing it, as he should have been alerted to any rights then, and queried/confirmed them with the seller. If the neighbours have been exercising right of passageway for years they may have that right regardless of what the deeds say. They may want to keep the right in order to maintain a higher house value If they sell (highly likely). If he simply blocks off the entry, and they do have right of access, they can remove it. Also is the access used for putting the bins out on the street as that's a minefield.
A good solicitor should tell him his legal rights and how to best execute them as well as consequences of any potential illegal actions he may choose to take (barring the access).

welbeck

Could he put a lock on his side gate to stop them coming through unnecessarily.
Then on the rare occasion real utility workers had to gain access he could let them through.
To cover emergencies in his absence he could either fit a coded lock and give them his mobile number.
Change the code thereafter of course.
Or fit a yale lock and leave a key with a trusted other contact person.
It may not strictly be correct but I would want to at least limit cheeky plucker behaviour.
I'd hate a layout like that and had never heard of it until I read MN.
Why don't all the residents agree to change it. They could create an alleyway at the end of their gardens with gates in each rear fence. Assuming there is or could be created a side alleyway.
The end house might lose a sliver of garden to create this but I'd prefer that to people tramping past my windows and across my private space.

This has some good ideas in. Like building a fence round his garden so neighbour has to go round the side and back, which would allow free access but stop looking in windows, ad a padlock on th get if heavy service equipment or underground access needed right outside the windows.

Access to take shopping in is unreasonable but they do have a right to access for maintenence etc.

If it was me I would give them notice in writing why I was stopping it, padlock the gate or otherwise prevent them access. Its
then up to them to take action if the want to be awkward

Could he put a lock on his side gate to stop them coming through unnecessarily.
Then on the rare occasion real utility workers had to gain access he could let them through.
To cover emergencies in his absence he could either fit a coded lock and give them his mobile number.
Change the code thereafter of course.
Or fit a yale lock and leave a key with a trusted other contact person.
It may not strictly be correct but I would want to at least limit cheeky plucker behaviour.
I'd hate a layout like that and had never heard of it until I read MN.
Why don't all the residents agree to change it. They could create an alleyway at the end of their gardens with gates in each rear fence. Assuming there is or could be created a side alleyway.
The end house might lose a sliver of garden to create this but I'd prefer that to people tramping past my windows and across my private space.

Did you intend to attach a copy of the diagram (with any specific identification redacted) as it’s quite hard to visualise. If they can park outside their front door then why not use it?

This sounds like a long-held habit for some historical reason maybe to do with keeping a best room (as Lathyrus says), or not wanting to disturb whoever uses or used to use the front room, or just how these people live. Some people do spend a good deal of the day in the kitchen.

My sister-in law never used her front door as she had boxes of clutter piled behind it and always entered via the rear garden gate and kitchen. My former NDNs, now both dead, always entered their house via the attached garage whch lead to the kitchen. They were extremely houseproud. The hall and sitting rooms were kept as show rooms. Visiting family and guests had to enter through the garage too. The only person who regularly knocked on the front door was the postman delivering the occasional parcel. Neither householders’ behaviours impinged on anyone else. My new NDNs use the front door.

The reason I relate these anecdotes is to ask how your son’s neighbours’ friends and family, delivery and tradespeople access the property. Are they also cutting across your son’s garden?

I am assuming your son’s neighbours lived in their home before your son bought his. I am wondering who lived in your son’s house before and why they moved. Was it an activity the previous owners were happy to allow perhaps because they were good friends or even related? Or maybe the previous owners didn’t like what was happening and that’s why they moved but without seeking taking legal redress.

Just as in England, disputes with neighbours must be declared during a Scottish conveyance. Failing to disclose such disputes can lead to legal action from the buyer if they can prove misrepresentation.

Therefore, one issue to consider is that if your son does take legal action then it would have to be disclosed were he to sell up. Far better to try to resolve this amicably if possible.

What exactly do these people mean by him making it awkward? What might be convenient for their lifestyle but not really necessary is proving unpleasant and intrusive for him.