Right of access

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 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.

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.

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

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.

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.

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.

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.

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.

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

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.

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.

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.

Elowen33

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.

I think the damage has probably already been done
What an awful situation…

If there is a path they may take that avoids the driveway and window, have the solicitor attach that to a letter. The only solid footing you seem to have here is were they moving away from the designated path for access.

Well if I was living where your son does with those NDNs I would lock them out.
If they can't afford to pay their share of the fence i doubt they could afford to sue him.
also as a PP suggested put up reflective film on downstairs windows.

And anyway I am only suggesting locking them out to prevent cheeky pluckery behaviour.
Which is in line with the access rights they do have.
Access for necessary works could still be allowed by prior arrangement.

Our house has access across next door's land. We have rights at any time of day or night.

When my neighbour sold, the prospective buyer asked us if we would "sell" the right - but it's useful to us, so no. We didn't want to do that.

I would never have bought next door because of this - and wouldn't buy a house with access across the land as it's always got potential for conflict.

I have put your phrase into Gemini and asked what it means in Scottish law.

This is the response:

In Scottish law, the phrase "an irredeemable servitude right of service access over the area highlighted on the title deeds" has the following meaning:
1. Servitude Right:
* A servitude is a legal right that one piece of land (the benefited property or dominant tenement) has over another piece of land (the burdened property or servient tenement) belonging to a different owner.
* It grants the owner of the benefited property the right to use the burdened property in a specific way.
2. Right of Service Access:
* This specifies the type of servitude. It means the right to access the burdened land for the purpose of installing, maintaining, repairing, or otherwise dealing with services.
* These services can include things like water pipes, gas lines, electricity cables, drainage systems, or telecommunications infrastructure.
* The "area highlighted on the title deeds" clearly defines the physical location on the burdened property over which this right of access can be exercised. This is crucial for certainty and to avoid future disputes.
3. Irredeemable:
* This is a very important term. Irredeemable means that this servitude right cannot be terminated or bought out by the owner of the burdened property against the will of the owner of the benefited property.
* Once this servitude is properly established and registered on the title deeds of both properties, it runs with the land and will continue to exist regardless of changes in ownership of either property.
* The owner of the burdened property cannot unilaterally decide to end the servitude or demand compensation to extinguish it.
In simpler terms:
It's a permanent and legally binding right for the owner of one property to go onto a specific part of a neighboring property to deal with essential services that benefit their land. The owner of the neighboring property cannot take away this right. This right and the specific area it covers are clearly marked in the official property documents (title deeds).
Key implications:
* Benefit to the Dominant Tenement: This servitude ensures that the benefited property has the necessary access to install and maintain essential services, which is crucial for its usability and value.
* Burden on the Servient Tenement: The burdened property owner must allow the owner of the benefited property (and their contractors, etc.) access to the designated area for service-related purposes. They cannot obstruct this access.
* Permanence: The "irredeemable" nature means this is a long-term and stable right that is attached to the land itself.
* Title Deeds are Crucial: The fact that the area is "highlighted on the title deeds" emphasizes the importance of the official property records in defining and recording this right. Any potential buyer of either property should carefully review the title deeds to understand the existence and extent of this servitude.
If you are dealing with a property that has such a clause in its title deeds, it is highly recommended to consult with a Scottish solicitor to fully understand the implications and your rights and obligations.

He didn't mind until they started walking along beside his windows and having a look in. He also didn't mind until they agreed to pay half for a fence then said no, they had no money, whilst going on holiday and paying for home repairs.

It might seem a little thing but people like this take, take, take and do not care. So yes, in an ideal world, it would be great to get along but they have caused this by expecting a right they simply do not have.

Thank you all for your advice. This isn't my sons forever home so he wants to get this stamped out now as he would like to sell end of this year and next.

When he said they need to ask, they have been awkward since.

Yes, I would be awkward too.
Who wants to ask if they can take their bins out?

My (new) neighbour is very awkward about my window cleaner coming around the back.
It really p*** me off.
This is the way he needs to come to do the windows.
🤷‍♀️

If he is selling, I'd just suck it up to be honest.
You definitely don't want neighbour problems when selling!

I see you have spoken to a solicitor.
👍

Provided he gives them rights of service he can lock them out at other times.

I don't know you don't understand. They haven't to ask permisson to take bins out or service use. It's for all other use. Ie oh my bike is muddy, mind if I take it through your garden. So please read the whole post before commenting. A bit like you, this neighbour didn't read properly and it caused confusion.