how to change a servitude - neighbours right of way - Scotland

conorcook

I live in an end cottage on a row of 3 (originally 4 cottages but my property is two knocked in to one) 
the two middle neighbours have access around my property right past my kitchen and bathroom window, (marked in red)
they constantly leave the gate open, which has caused my wee dog to escape on a few occasions, it doesn't make me feel secure in my property as I cant lock the gate. not to mention that I have very little privacy.
there was nothing mentioned about this access in the deeds, so I am wanting to move the access from directly in front of the house to access along the bottom of the garden (green line) and onto the public path where the bin lorry has access to and others put there bins there.
My main question - is this allowed?
what are my rights as the property owner for them having access through it? and then moving the access. surely as long as I maintain some form of access for them then it should be acceptable?  

just for context. all three properties have shared ownership of a drying area to the side of my property (yellow box on image) this has not been used by the other two for many years and they do not pay for the upkeep, I would like to buy them out of the land as well at some point but don't know where to start.  

any advice or help is appreciated.

user1977

What exactly is the wording of the servitude? If it specifies a route, and says nothing about varying it, then you can't change it without getting the neighbours to sign up to it.

sheramber

Do they have access to another drying area?

While they do not use it whoever lives in the houses after them may want to use it.

What do the deeds for the other houses say about the right of access.

I have  a right of access past my neighbour's dining room window and back door and then up the side of her house to the road.This was originally for the coal delivery and  putting out the bins for emptying.

i do not use and neither did the previous owner but the  access is on my deeds and there is a gate in the fence which is  covered by the fence the orevious owner put up.

conorcook

user1977 said:

What exactly is the wording of the servitude? If it specifies a route, and says nothing about varying it, then you can't change it without getting the neighbours to sign up to it.

there is nothing in the deeds and nothing was mentioned about a servitude by my solicitor when purchasing. I had just assumed they had access rights. 

conorcook

sheramber said:

Do they have access to another drying area?

While they do not use it whoever lives in the houses after them may want to use it.

What do the deeds for the other houses say about the right of access.

I have  a right of access past my neighbour's dining room window and back door and then up the side of her house to the road.This was originally for the coal delivery and  putting out the bins for emptying.

i do not use and neither did the previous owner but the  access is on my deeds and there is a gate in the fence which is  covered by the fence the orevious owner put up.

yes both houses have their own gardens and own drying areas - which is why its not used (by them)  and hasn't been used for 20+ years.

I am not sure what any other property deeds say.

can I ask what proof you have for right of access? 

ProDave

Buy a copy of the neighbours deeds from the ROS website.

TripleH

Is putting a spring on your gate (one of those devices that automatically shuts it) not an option if you have to keep the status quo or even in the short to medium term? (I assume Scottish bureaucracy is as efficient as below the wall).

You have a valid reason for not having your gate left open and your neighbours can't complain you are denying or impeding their access.

Soot2006

TripleH said:

Is putting a spring on your gate (one of those devices that automatically shuts it) not an option if you have to keep the status quo or even in the short to medium term? (I assume Scottish bureaucracy is as efficient as below the wall).

You have a valid reason for not having your gate left open and your neighbours can't complain you are denying or impeding their access.

Agree with this. Around here, it's common to tie old heavy bits of farm machinery to gates in such a way they slam shut. Would buy you some time to look into the legal aspects of what you're proposing.

sheramber

conorcook said:

sheramber said:

Do they have access to another drying area?

While they do not use it whoever lives in the houses after them may want to use it.

What do the deeds for the other houses say about the right of access.

I have  a right of access past my neighbour's dining room window and back door and then up the side of her house to the road.This was originally for the coal delivery and  putting out the bins for emptying.

i do not use and neither did the previous owner but the  access is on my deeds and there is a gate in the fence which is  covered by the fence the orevious owner put up.

yes both houses have their own gardens and own drying areas - which is why its not used (by them)  and hasn't been used for 20+ years.

I am not sure what any other property deeds say.

can I ask what proof you have for right of access? 

It is shown on my deeds. The paths ( I have two different ones ) are shown as outlined in brown on my deeds.

During my purchase my solicitor asked me to confirm that they existed. 

sheramber

https://www.lindsays.co.uk/news-and-insights/insights/is-it-a-servitude-of-access-or-a-public-right-of-way

A further difference is that a servitude of access over land can often be modified by the landowner by agreement with the person who has the right of access. 

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People wishing to do so should always consult a solicitor for advice.