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Message started by ajgskye on Dec 20th, 2007 at 8:28pm

Title: deed of servitude
Post by ajgskye on Dec 20th, 2007 at 8:28pm
Hello  

i am lookijng for any advice on the following situation -

I bought a peice of land in 2005 that is burdened with a servitude deed allowing access to land owned by someone else ( Mr S )

The deed of servitude was granted in 1988 when the land was completely bare crft land ( rough hill land of no particular value ).
Now the land has a house, a post office & has just been granted planning for 2 further houses.
Can a burden created on my land to access then bare croft land now be legally used for a private dwelling- post office and possibly 2 further new houses ?
Surely Mr S would need to expand the burden for this by asking me or the previous owner ?

Thanks in advance for any help

Alan

 

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