Boundaries when putting up a gate?

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blackcloud

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Hi all

Hoping for some advice. We live in Scotland so laws maybe different.
This is sort of a boundary issue but maybe it's not?
We recently moved into a new home that we bought and our neighbour uses our driveway rather than theirs to take their bins in and out as they choose to keep their bins in their back garden rather their front garden like most people. If they kept their bins in the front garden it would be easier for them to use their driveway rather than ours. That's besides the point.
We don't want to be petty and get on with them well but after discussions on this they want to keep using our driveway to take their bins in and out. But we are aware that after sometime we will loose full right of this part of our property and it will become and right of access area which we don't feel is fair.

So what we would like to do is to put gate on our driveway around the tiny little yellow area above the black line where the arrow points too which is the shared area (area maked H). This little shared yellow area is just in front of a tunnel leading to theirs and our back gardens. They keep their bins in their back garden and bring them in and out though the tunnel and up and down our drive way rather than through their front garden.

So our questions are

A) should we just use our best judgement and err on the side of caution maybe and keep within a obvious and well within the pink area of our driveway which is ours when we put up the gate?
If the neighbour disputed this and said its within the shared yellow would the onus be on him to goto court and prove this and we can keep the gate until we are ordered to remove it?

Or

B) try and get a solicitor to hire a surveyor to come out and do measurements to give us exact measurements where the pink boundary meets the yellow boundary?
If we do that what type of solicitor do we need? What's the costs for something like this?

The title deeds don't give any measurements they just say 1/250 is the scale and have been told you can't scale accurately as lines could be >100mm thick? But if we keep well within our driveway the gate surley we would not be anywhere near the yellow shared area?

What are others advice in this please. If you were going to put up a gate for whatever reason with these title deeds what would you do?

Please find attached some pictures. There are no measurements on the deeds or on the
Burden Entry 2.

I called registration of Scotland and asked about the measurements but they said sometimes deeds just don't include them and just give a rough idea where the boundaries are. But surely there must be measurements somewhere if they knew where to paint the pink and yellow on the deeds?

But again what would others do in my situation just make the best judgement to keep within the pink and make the best guess, erring on the side of caution or try and find a solicitor who can hire a surveyor and get exact measurements to be 100%? If that's even possible? Is it? What type of solicitor would I need to use for this.?

On another note we noticed that our pink area also proceeds into the pavement and half of the road in front of us and we ask Registers of Scotland (where the deeds are from) and they said yes the pavement and part of the road is front if you do belong to you, which I find really odd. But they were adamant it does?



Thanks all
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blackcloud said:
But we are aware that after sometime we will loose full right of this part of our property and it will become and right of access
Click to expand...
Is that the case?

If it's the same concept as in England, what you describe is more for public right of ways, not private access by neighbours

As you know about this use of your land, you are merely allowing it by private agreement - a revocable licence not a perpetual right.
 
In Scotland it's different and will become a right of access though our driveway after a certain time.
But how do I know where the boundaries are exactly ie the pink ans yellow before I put up a gate?
 
I very much doubt it is different. If someone is doing something under agreed licence, they aren't going to be able to claim an additional right through that licenced use.
 
blackcloud said:
In Scotland it's different and will become a right of access though our driveway after a certain time.
But how do I know where the boundaries are exactly ie the pink ans yellow before I put up a gate?
Click to expand...
Can't you just prevent access, one day a year to deny the acquisition of the right?

Actual boundary lines, in the absence of dimensions or explanation, will be determined by checking on site on where the most probable position will be in context of what is illustrated on the plans.
 
Would rather just put a permanent fence on my driveway to be honest. Just not 100% certain where the pink meets the yellow but as woody said

"Actual boundary lines, in the absence of dimensions or explanation, will be determined by checking on site on where the most probable position will be in context of what is illustrated on the plans."

But who would do that?
 
But who would do that?
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A very expensive surveyor if you went legal, otherwise no-one.

You are making a mountain out of a molehill. There is already a shared access (the yellow/green bit). In the absence of information on the title plan to show the exact width, it is a general plan only and shows the principle of the boundary, not the dimension. You can't prove exactly where the pink/yellow boundary is, nor can they. Short of going legal to determine that boundary, you are not going to get anywhere. If you block the shared access, your neighbours could say it's much wider and you are causing a substantial obstruction, and you would have a huge problem trying to prove it wasn't as wide as they thought.

They are not going to gain "shared access" - they already have it.
 
Thanks. I'm not trying to block the shared access. They access it from their driveway and I access it from my drive way. I want to put a gate in my driveway like they have in theirs.
 
blackcloud said:
Thanks. I'm not trying to block the shared access. They access it from their driveway and I access it from my drive way. I want to put a gate in my driveway like they have in theirs.
Click to expand...

Which suggests, that their gate post nearest your side, will actually be the boundary. Why not take your measurements from that point?
 
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