Can anyone in Scotland answer this legal question?

Question

I live in Scotland and years ago we paid Fue Duty for a shared drive way. We bought our own Fue 1980 Around the 60's an owner sold a huge house, this was divided in to 2 flats ,didn't sell the ground. Since then it really means the owner of the ground and ourselves are the only ones with the right to use this driveway/lane. The owner of the ground is long since dead,his grandson inherited land. Umpteen planning applications have been turned down to build on this as amongst other things there is a main sewage pipe running through this and it is very close to a river. At one time it went to The Court of Appeal in Edinburgh but turned down. Now again planning permission is going to be applied for. My house was built around1890 and for building access, heavy plant would be required to go down where we have shared access, apart from other things there are huge old trees to be cleared. I have maintained for 36 yrs often rechipping, weeding etc. Can I claim from owner for maintainance?

Thanks for answer received. I think I have been unclear. Feuduty was abolished as far as I was aware under the Land Tenure Reform (Scotland) Act 1974 and I have the Feuduty Redemption Certificate here in front of me, we actuall redeemed the Feu 15 May 1978. This means this lane is jointly owned by the person applying for planning permission and ourselves. The land beyond the lane is where he wants to build. Probably, having no receipts now can't claim for back work done but consider he should be responsible for half of any future work now required.

Answer 1

Feudal Duty was abolished in 2000 and therefore unless you had a written agreement that set forth the value of your maintainence you cannot sue or claim from the current owner.

Any burdens (so called) under the Feudal Agreement and fees agreed under Feu Duties are no long applicable unless again you can prove that the value of your work from a written agreement has now exceeded that original agreement.

If you are tired of the umpteen planning permissions that have been turned down by the same owner I believe you can put an end to them by challenging them in court under General Nuisance laws. Contact an lawyer to see your options.

Right so you received a Feuduty redemption cert in 1978 which under the Tenure act nullified the previous agreement? (now it's me asking the question! Ha!)

If there was an agreement in place with the previous owner that existed after the 1974 act and it was in good faith and good standing any future owner (even in the case of death of an existing land owner and even after the 2000 reform) must honour that agreement - at least that is my interpretation of the law.

If you've got the previous agreement in writing you can enforce it on the existing owner for current and future maintenance and possibly even for an agreed amount of back maintenance but only if you can locate at least one or two of the back receipts.

I stand by my point that you can try to prevent any future planing for a specific type of building. I can't remember the name of it but a lawyer should be able to help.

I'll have a look around and see what I can come up with.