Right of way Scotland being denied

rcast1989

Norman_Castle 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). 

, 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.

Thanks for the input 

I believe the original owner may have roughed them up the wrong way with a sense of entitlement.  Think I shall try the carrot approach and see. 

TripleH

Is there anything on the plot of land already?

You could seel alternative usage such as a pig farm?

rcast1989

TripleH said:

Is there anything on the plot of land already?

You could seel alternative usage such as a pig farm?

nope nothing at present but full planning and an irrefutable right of access......being refuted by 1 out of 5 neighbours

GDB2222

You clearly need legal advice on your rights here. If one of the neighbours is being difficult, but is legally in the wrong, you obviously want to persuade them of this in a nice way if possible. 

You may just need to use the lane for construction and see what your neighbour does about it.  It’s one thing to have a rant about withholding ROW, but it’s quite another to actually enforce that by blocking traffic.