What are we trying to change?

For five years we have been routinely hindered and blocked of our legal right to safe and reasonable access, egress and parking at our home by tenants of a local Landowner with his support. In March 2020 we were blockaded out and threatened with permanent blockade, if we did not agree to the local Landowners demands. He insists that our access is his to grant or decline. It is not.

I  have lived at Drumore Cottage in the Highlands of Scotland with my wife, Kate and children, Cameron and Sophie (both 15 yrs) since1996. We have invested the better part of our lives in the Highlands. For me almost 40 years. We will continue to do so. Kate and I are “ Incomers”, the kids are Highlanders. Kate is a Teacher and I am a Nurse. We live under a huge sky enjoying beautiful views. It should be normally quiet and private with expected seasonal agricultural activity taking place around us. Life here was everything we hoped and planned for until 2016.

Our home is surrounded by agricultural land owned by a local Landowner, as is the tarred road that runs from the access area and sheds behind our home down a hill to the public road. We have Servitude rights of access and egress across his land written into our Title Deeds. Since 2016 the access we had always relied on has been routinely impeded, blocked by various tenants of the local Landowner. Their activities to date have been non- agricultural in nature and with no Planning consent. We have regularly been threatened with violence, verbally abused and intimidated by his tenants. The Landowner has not intervened, has unconditionally supported his tenants and has threatened to blockade our access permanently if we did not stop complaining.  

After many failed attempts to discuss and negotiate these issues with the Landowner, and having been blockaded out in March 2020, we  sought legal advice.  We aim to  secure a legally defined and agreed access for ourselves and any future owners of Drumore Cottage

1. We are in the process of compiling a new set of Title Deeds defining our rights to access and parking based on our Prescriptive rights exercised from 1996 until 2016
2. We will ask the Landowner to legally agree to the wording in these new Deeds and make them legally binding
3. If the Landowner does not agree, we will ask the Courts to define and declare our access based on our Prescriptive rights. The Courts declaration will be subsequently written into a new set of Deeds
4.  We will ask the Courts to rule that the Landlord pay our reasonable legal costs. 
5. We will ask the Courts to grant us a Civil Interdict against the Landowner to deter/prevent him ( or his tenants) from unreasonably impeding our declared access. This may include a Removal Order enabling legal removal of any obstruction to our safe access and parking.

Legal costs

We are aiming to to raise a sum in the order of £2000 to cover legal costs going forward.

We have spent a considerable sum on legal fees to date (in excess of £7000). We will require ongoing fees including  research into and production of new Deeds. We expect to have to involve the Courts. We hope that we can raise enough to recoup some of the money paid out to date. It is uncertain whether the Courts will rule that the Landowner pay any, some or all of our costs.

 The last five years have been very stressful affecting family life and our health and coping. Legal certainty will result in a reduction of stress and recovery to our wellbeing. We can Ill-afford to be spending money on legal costs which would ordinarily be supporting our retirement and our children going forward. We have no option other than to continue until all is legally resolved.

Who benefits from this action?

1.The actions we are taking will if successful clearly benefit us as a family and those future owners of our property.

2.It will also send a message to others that it is possible to stand up to bullying and intimidation carried out or orchestrated by those who believe they are entitled to do so, due to their belief that they are more powerful, have greater financial resource, or presume to be more influential than others.

3.Our case will  also set an important  precedent and example that those who wish to develop or operate in the HighlandS must do so with respect and regard for their surroundings and the communities that they share the area with. Without such safeguards the Highlands would lose the very essential amenity that is enjoyed by those who live, work, invest in and visit here.

Recent events

After receiving an enforcement notice from local Planning officials (after a process of 4 years), the Landowner has cleared the area immediately adjacent to Drumore Cottage of his tenants and their operations as of 01/12/21. We do not know what he may plan in the future. We would not expect him to discuss any plans he has with us as he never has. Although physically clear of obstruction currently, our access, egress and parking situation remains uncertain and unresolved.

Next steps.

Our Solicitor will compile draught wording for the new Deeds and present our position to the Landowner. We will ask the landowner to agree to the new Deeds  in order to avoid Court action and our potential claim on him for our costs. Hopefully we can enter a fruitful dialogue and come to a legally binding agreement. If he refuses. We will proceed to Court.

I aim to update this account as the situation changes

Thank you for taking the time and interest to read our account. Kate and I would greatly appreciate any support you can offer us. We would respectfully ask that you share this page with others.

Kind Regards

Jim Neville