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Right of Sevitude - Scotland
I understand that I may have a "Right of Servitude" over a small piece of land at the back of my house.
It is owned by the the local authority, but access to the land is only through my garden.
I have been interested in purchasing the land, but I was told about a "Right of Servitude". I checked the Registers of Scotland for an explanation, but I am afraid to say that some of the legal jargon confused me.
Do I need to purchase this land, or can I claim this "Right of Servitude"?
I have owned my house for 8 years and the previous owner built the house in 1967. In all this time this additional bit of land has been used and maintained by me, or the previous house holder.
The children play it and we keep it tidy.
Can anyone explain a "Right of Servitude" for Scotland and do you think I am doing the right thing? What can and can't you do if you claim a "Right of Servitude"?
Any comments gratefully received.
It is owned by the the local authority, but access to the land is only through my garden.
I have been interested in purchasing the land, but I was told about a "Right of Servitude". I checked the Registers of Scotland for an explanation, but I am afraid to say that some of the legal jargon confused me.
Do I need to purchase this land, or can I claim this "Right of Servitude"?
I have owned my house for 8 years and the previous owner built the house in 1967. In all this time this additional bit of land has been used and maintained by me, or the previous house holder.
The children play it and we keep it tidy.
Can anyone explain a "Right of Servitude" for Scotland and do you think I am doing the right thing? What can and can't you do if you claim a "Right of Servitude"?
Any comments gratefully received.
Answers
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Living 'darn sarth' I don't know the term, but having looked at this explanation it looks to me the same as an easement under England & Wales law.
http://www.andersonstrathern.co.uk/practice/ru ral/servitude_rights/
It is right of one landowner over another's piece of land. It is most commonly applied to a right of access over the land, a right to put pipes in the ground for water or sewage, a right to light - that sort of thing. From your description of the physical layout, the councils land is landlocked and can only be accessed over your land. If that is true, it is the council that would have the right of servitude over your land - not the other way around.
Under England & Wales law it is an entirely different legal principal that allows one to claim ownership of a parcel of land - the law of Adverse Possession. It is not linked in any way to easements.
http://www.andersonstrathern.co.uk/practice/ru ral/servitude_rights/
It is right of one landowner over another's piece of land. It is most commonly applied to a right of access over the land, a right to put pipes in the ground for water or sewage, a right to light - that sort of thing. From your description of the physical layout, the councils land is landlocked and can only be accessed over your land. If that is true, it is the council that would have the right of servitude over your land - not the other way around.
Under England & Wales law it is an entirely different legal principal that allows one to claim ownership of a parcel of land - the law of Adverse Possession. It is not linked in any way to easements.
Thanks for your comments.
After further enquiries, I found similar conclusions as you have ie the Right of Servitude might be mine to give to the local authority, should they wish access to their land.
The appropriate local authority officer has told me that they might be able to sell the land at �20 per sq foot.
Purchasing the land would appear to be the easiest solution, however at that price it would appear improbable!
I'll check out the Scottish law position in regard to Adverse Possession.
Many thanks.
After further enquiries, I found similar conclusions as you have ie the Right of Servitude might be mine to give to the local authority, should they wish access to their land.
The appropriate local authority officer has told me that they might be able to sell the land at �20 per sq foot.
Purchasing the land would appear to be the easiest solution, however at that price it would appear improbable!
I'll check out the Scottish law position in regard to Adverse Possession.
Many thanks.
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