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Hello Can anyone advise me ?

my local council have admitted that the road informt of my property has vibration problems but they have no funds to resolve it. In the mean time the amount of traffic allowed to use this road has increased by 30% over the last two years. The weight and volumn of traffic is causing cracks to appear in our walls but the council wont do anything. I recently got my title deeds and found out that my property extends past my small garden front wall ,over a very wide pavement and into half of this problematic road. I have been told that this land (more than 50% of my from land) is used by the council and tough. I have nothing on my deeds to reflect this access or change of use. How can the council take this much land and not compensate me ? and how can i stop them crossing my land if it is damaging my property?

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Hello, Vic,

 

I think you will need a solicitor. I also think you will need a date as to when the council took the land and a search in the land registry should supply this.

 

However I feel you really need a solicitor who specialises in this kind of thing as I understand Scottish Law is different to English Law in some respects.

 

Here is a link to the Law Society of Scotland

 

http://www.lawscot.org.uk/

 

Sorry I can’t advise you further, maybe some legal-minded person will come along who will be able to help you more.

 

Good luck,

 

understanding

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Can you explain what you mean about your land being used by the council? From your description, it seems as if your land extends past your front wall?

 

In English law, there are a variety of ways where by another person can use peoples land. I am not too sure if the situation is different in Scotland. Seeing a solicitor would be a good idea - or maybe ask a question on a forum called Garden Law (google it).

 

Expect to see terms such as "easement" and such being thrown around.

 

One thing - as a general rule, land disputes should always be avoided unless it is impossible to do so.

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