Right of way Scotland being denied

rcast1989

I have a plot of land with full planning for a family home in Glasgow.

The plot is at the end of a private lane which is owned in part by several neighbours. 

Although they submitted complaints to council, planning was fully approved.

The neighbours now say that no construction vehicles will be allowed to use the lane as they have not given servitude for right of way. 

Do they have the ability to stop vehicles using the lane if the land is subsequently land locked without its use? 

Is my only option apart from trying to reason to legally contest with council ? 

I would presume this would be an easement out of nescessity and would be very hard to interfere with / refute .

Norman_Castle

Do the deeds state what the row can and cannot be used for? I'd expect you'd need to contest with the landowner rather than the council.

comeandgo

If you have bought land locked land then the landowners of the access area hold all the cards.  The council won’t care about your problem, they can grant planning permission but have no input into how you get onto the land.  You need to make an offer to the landowners that they can’t say no to and if it was them that objected to the planning then I don’t think any amount will persuade them.

rcast1989

comeandgo said:

If you have bought land locked land then the landowners of the access area hold all the cards.  The council won’t care about your problem, they can grant planning permission but have no input into how you get onto the land.  You need to make an offer to the landowners that they can’t say no to and if it was them that objected to the planning then I don’t think any amount will persuade them.

When I say land locked I menw in the sense that there is a road that goes directly to the plot but is a right of access. 

It is right of way out of nessecity to reach the land. They cannot stop it but I would rather reach a civil arrangement. 

diystarter7

Hi

Do you have access to the original deeds? If so what does that say. Do you have access to the otehrs orginal deeds and what does that say
Thanks

user1977

Have you not had any legal advice? Would have seemed sensible to check you had appropriate rights of access before bothering to apply for planning.

I wouldn't have thought it "necessary" for construction traffic to reach every undeveloped plot of land. And it's got nothing to do with the council (unless they're one of the landowners). 

rcast1989

user1977 said:

Have you not had any legal advice? Would have seemed sensible to check you had appropriate rights of access before bothering to apply for planning.

I wouldn't have thought it "necessary" for construction traffic to reach every undeveloped plot of land. And it's got nothing to do with the council (unless they're one of the landowners). 

I did 
, the title deeds clearly state "a heritable and irredeemable servitude

right of access and egress for pedestrians and vehicles over the existing

service road"

My question is do they then have any right to refute or block this access ? 

I need access to build the house and I am building the house by utilising the lane therefore there is right of access 

My question was more on how to approach neighbours without causing strive or a legal battle.

Tiglet2

rcast1989 said:

comeandgo said:

If you have bought land locked land then the landowners of the access area hold all the cards.  The council won’t care about your problem, they can grant planning permission but have no input into how you get onto the land.  You need to make an offer to the landowners that they can’t say no to and if it was them that objected to the planning then I don’t think any amount will persuade them.

When I say land locked I menw in the sense that there is a road that goes directly to the plot but is a right of access. 

It is right of way out of nessecity to reach the land. They cannot stop it but I would rather reach a civil arrangement. 

The land is landlocked because you don't have a right of way over the road leading to it.  

If you want a right of way over the road, then you will need to come to an agreement with the owners of that road and you will need that right of way noted on the deeds.  You need legal advice about this.

Is there any other means to reach the land without using this road?

ProDave

rcast1989 said:

user1977 said:

Have you not had any legal advice? Would have seemed sensible to check you had appropriate rights of access before bothering to apply for planning.

I wouldn't have thought it "necessary" for construction traffic to reach every undeveloped plot of land. And it's got nothing to do with the council (unless they're one of the landowners). 

I did 
, the title deeds clearly state "a heritable and irredeemable servitude

right of access and egress for pedestrians and vehicles over the existing

service road"

My question is do they then have any right to refute or block this access ? 

I need access to build the house and I am building the house by utilising the lane therefore there is right of access 

My question was more on how to approach neighbours without causing strive or a legal battle.

WHO has this right of servitude?

My guess is the land owner is granted this right, which will be fine for you accessing the house once built.

I suspect the owners of the land are trying to argue that does not extend to contractors building the house.  Probably just as a way to put a spanner in the works of building the house.  Ask your solicitor for his interpretation of the deed of servitude and he thinks it covers contractors construction vehicles?

rcast1989

ProDave said:

rcast1989 said:

user1977 said:

Have you not had any legal advice? Would have seemed sensible to check you had appropriate rights of access before bothering to apply for planning.

I wouldn't have thought it "necessary" for construction traffic to reach every undeveloped plot of land. And it's got nothing to do with the council (unless they're one of the landowners). 

I did 
, the title deeds clearly state "a heritable and irredeemable servitude

right of access and egress for pedestrians and vehicles over the existing

service road"

My question is do they then have any right to refute or block this access ? 

I need access to build the house and I am building the house by utilising the lane therefore there is right of access 

My question was more on how to approach neighbours without causing strive or a legal battle.

WHO has this right of servitude?

My guess is the land owner is granted this right, which will be fine for you accessing the house once built.

I suspect the owners of the land are trying to argue that does not extend to contractors building the house.  Probably just as a way to put a spanner in the works of building the house.  Ask your solicitor for his interpretation of the deed of servitude and he thinks it covers contractors construction vehicles?

Yes I believe this is exactly it!

Norman_Castle

rcast1989 said:

user1977 said:

Have you not had any legal advice? Would have seemed sensible to check you had appropriate rights of access before bothering to apply for planning.

I wouldn't have thought it "necessary" for construction traffic to reach every undeveloped plot of land. And it's got nothing to do with the council (unless they're one of the landowners). 

, the title deeds clearly state "a heritable and irredeemable servitude

right of access and egress for pedestrians and vehicles over the existing

service road"

My question is do they then have any right to refute or block this access ? 

"Irredeemable" suggests they cannot change anything.  There is no restriction there to suggest you cannot use it for your purpose. Are the neighbours worried about damage to the road? If so you should agree to make good any damage.

Scottish ROW owner being difficult. https://shepwedd.com/knowledge/getting-way-right-way