Be it to live next door to Scott and Charlene or to be only a short walking distance from the Lassiter’s Complex, one of the most sought after streets to live in has always been Ramsay Street. As the theme tune goes, “with a little understanding you can find the perfect blend“. However not everyone can be so lucky so when it comes to buying your first home, family home or indeed your retirement home. It is important to make sure that you understand what you are purchasing from the seller before you sign on the dotted line.
We were recently involved in a case in which our client, having retired, decided to move to the country to enjoy tranquil surroundings and beautiful scenery. Unfortunately, following the purchase of their plot of land and construction of their home, relations with the seller (who was also their neighbour) broke down resulting in a number of disputes regarding the rights and obligations of their plot of land.
It was our client’s position that they purchased a plot of land without any exclusion of access over the road into their property. However, the seller disagreed with this view and took steps to block access to our clients’ property by placing boulders, gates and fencing throughout the disputed area.
Following a breakdown in communication court action was raised to confirm what, if any, rights of access our client had to their property. Matters proceeded to a legal Debate in court where our client was successful in proving that they had an express right of access to their property without restrictions.
What on the face of it was a straight forward transaction resulted in a lengthy and complex analysis of historical titles, case law and debate on the powers of the court to resolve these issues. Of particular note the court considered the case of Chalmers Property Investment Company Limited –v- Robson 2008 SLT and the operation of the equitable principle enunciated by Lord Guthrie, which reiterated the principle that the clear intention of parties as disclosed in the deed will not be permitted to be defeated by mere inaccuracy or mistaken expressions.
So if unlike Harold Bishop and Lou Carpenter, you and your neighbours are not able to there for one and another, then we at Jackson Boyd lawyers are especially for you and can assist you with resolving your boundary or access dispute whether it is by correspondence, mediation or court. For more information please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855
