Building Barriers – a Scottish neighbour dispute
June 30, 2026
Building Barriers – a Scottish neighbour disputeJune 30, 2026 We previously commented on the Sheriff’s decision in this action concerning a group of neighbours who were successful in blocking two homeowners’ attempts to build a front boundary wall and electric gate round their corner plot. The homeowners were recently successful in their appeal to the Sheriff Appeal Court. The decision clarifies the scope of Deeds of Conditions and Deeds of Real Burdens which are commonly used in new residential developments in Scotland to preserve the character of a development and protect neighbouring interests. They set out the rights and obligations of the homeowners on the development, and apply to each of the properties. They can also be enforced if a homeowner does something not permitted by the Deeds. An interesting decision for developers and homeowners of land in Scotland. The developmentThe development was subject to shared legal rules (“real burdens”) which prohibited structures such as walls and gates without the written consent of nearby neighbours. The homeowners obtained planning permission to install a boundary wall and gate but did not seek the required consent. The neighbours sought an interdict (injunction) to prevent the work on the basis that they had not consented and arguing,, amongst other things, that the wall would undermine the open-plan character of the estate. The sheriff at first instance agreed, finding that although not all concerns were justified, the wall would significantly affect the appearance of the street and could encourage similar changes by others. He held that this would amount to a material impact on their enjoyment of their properties, giving them the legal right to enforce the restriction. The Appeal Court’s findingsOn appeal, the homeowners were successful in arguing that the sheriff had applied the wrong test, relying too heavily on subjective views and speculation rather than objective evidence of real harm. The neighbours had therefore failed to prove material detriment sufficient to give then an interest to enforce a real burden. The case therefore offers an useful reminder of how strictly courts should assess whether neighbours have sufficient interest before they can enforce property rules. Takeaways
Key contacts
Latest Insights
Latest News
Latest Events
legal updates November 11, 2026 COP31: Energy and Transport – Electrification takes center stage in Antalya legal updates November 11, 2026 Algorithmic Management of Workforces: Is your business a “platform” without... legal updates November 11, 2026 Commercially Connected shorts - 11 November 2026 legal updates November 10, 2026 Global Sustainability & ESG Insights - October 2026 client news November 06, 2026 Eversheds Sutherland advises Mercedes-Benz on European fast-charging partne... firm news November 05, 2026 Eversheds Sutherland hires partner Peter Cheng to lead Hong Kong ECM practi... firm news October 27, 2026 Eversheds Sutherland (International) announces senior leadership appointmen... firm news October 26, 2026 Eversheds Sutherland deepens fintech and regulatory bench with double partn... hybrid Europe Action Week 2026 Europe Action Week returns this November with a dynamic mix of events designed to help you navigate what’s next. virtual Belgian employment law training November 17, 2026 2.00pm - 5.00pm (GMT) Virtual in-person Golden Rules in Inventory Finance November 17, 2026 08:00 – 17:30 TradeXBank AG, Gartenstrasse 24, 8002 Zürich, Switzerland in-person Industrial relations masterclass November 18, 2026 9.30am - 4.30pm (GMT) London, United Kingdom |