Lighthouse Point is an exclusivedevelopment constructed on a short promontory which projects in a northwarddirection into the River Tay. At the end of the promontory is an abandonedlighthouse. This remains in the ownership of the Harbour Trustees. They soldoff the rest of the land to Bell Rock Developments who constructed eight highspecification single storey houses. The houses are served by a private roadwhich leads past all of the houses and gives pedestrian and vehicular access tothe lighthouse. There is a gate across the road at the entrance to the groundretained by the Harbour Trust which they keep padlocked. This is rusty and thetrack inside is completely overgrown so that it cannot be used by vehicles. Itdoes not appear to have been used since they sold the site to Bell RockDevelopments in 2003.
Q2 Andy is a keen sailor and one ofthe obvious attractions of owning a property at Lighthouse Point are the viewsover the river. Andy owns the house nearest to the Lighthouse. He is constantlyremoving weeds which are spreading from the ground surrounding the Lighthouse.He has recently purchased a vintage yacht which he is doing up at home duringhis spare time. He and his wife Aileen own two cars so the double garage is fulland he can’t leave it on the drive because that would block the cars in. He hastaken to leaving the yacht on the roadway across the locked gate. Well if Gavin’s business was notenough then the parked yacht which is presently undergoing repainting andrefurbishment is not something which Harriet welcomes either. She hasapproached Andy asking for it to be removed. Andy seeks your assistance. Interms of his Land Certificate Andy’s title stops at the edge of the road. Aservitude right of pedestrian and vehicular access is granted over the roadwaywhich it appears was retained by the Harbour Trustees. Andy says that there isno problem as the gate is padlocked and none of the houses need access beyondhis property. Advise Andy whether he cancontinue to leave the yacht there.
Property and Conveyancing Problem questions Watch
- Thread Starter
- 29-01-2016 18:01