Simba - Section 18 Title Conditions (Scotland) Act 2003. 5yrs. (See McDonald 18.57). Only applies to breaches after the appointed day.
Smiler -
A couple of things.
1. Unfortunately, I would rather you don't send me a copy of your deed/deeds. I'm not entirely sure where the Law Society stands on this whole issue, but personally, while I'm happy to dispense general advice on the website, when you start sending me stuff to look at we get into a very murky lawyer/client relationship, whereby I have to issue you terms of business, could potentially get pulled up by the Law Society, wouldn't be covered by indemnity insurance, etc, etc, etc. It's enough to give a Risk Manager nigfhtmares. If you need further advice on the burden, I think we've probably reached the point where you will need to seek independent legal advice.
If, however, there is a burden in particular which you do not follow, then if you type it up on here I can give you my opinion on it. This having been said, it's possible that the burden might not make much sense out of context, or in the abstract, and a proper examination of title would probably be the best course of action.
2. By paragrpah 6 - I assume you mean this:
Quote:The light at the end of the tunnel is that if you succesfully manage to get your wall/fence built, and it is in breach of the title condition then provided there has been no relevant claim in court proceedings by a party with title to enforce and no relevant acknowledgement by you, or any other party against whom the burden can be enforced that the burden is still effective, for five years, then the burden will be extinguished to the extent of the breach.
In layman's terms, if your fence is up for 5 years without any legal argie bargie then the burden preventing you from building the fence will be extinguished.
Sorry if you found that confusing - I did try to simplify it. As above, a conveyancer will be able to tell you by a simple review of your deeds who has title to enforce a claim against you in respect of that particular burden.
I'll try and explain it differently however:
Year 0 - you build a fence, breaching the burden which says you can't.
Years 0 - 6 (i.e. five years complete) - (1)No legal action is taken against you in respect of the breach
and (2) the burden is not acknowledged by you - for example you don't sell off a part of your property and in the disposition note "Oh yeah, by the way, there's a bloody big burden over there".
Start of Year 6 (i.e. end of five years) the burden is extinguished
to the extent of the breach - for example [sarcasm][/sarcasm] Let's say the burden says no fences between properties and no pink elephants on the roof. The part about no fences would be extinguished, but the part about pink elephants would still stand.
I hope that clears it up for you a bit.

The bottom line is, you can put up a fence anytime you want
but there's a risk you might get pulled up for it. A conveyancer will be able to tell you if that risk exists, and how severe it is.
Sounds like your neighbour is being reasonable now, at any rate.