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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I brought a land title in Scotland , how legal is the title

Resolved Question:

I brought a land title in Scotland , how legal is the title ? Is it recognised ? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask from whom you purchased the title please - was it a private seller or from some form of company?

Joshua :

Did you use a solicitor? have you been given a land folio number or seen any register of title?

Customer: Dear XXXXX,
Customer: thank you for your reply. I purchased the land title from Charles Selwyn Dixon Spain , laird of Dunans Castle Glendaruel Argyllshire. Three plots N8364e7&8 / N9597e7 . I did not use a solicitor for the process . The deed of entitlement was sent to me direct.
Customer: thanks caroline
Joshua :

Thanks. Is these a scheme which provides that you may use a Scottish title or did you purchase the land for investment purposes?

Customer: it states , Deed of entitlement for the restoration of Dundas Castle, and it's a scheme which provides the use of the Scottish title as the land is not for investment but to restoration of the grounds. It states Lady Caroline hereafter called the Laird of chaol Ghleann . Whereas the vendor is seized of the property herein after described as Dunans Castle.
Joshua :

Thanks. I am familiar with such offerings. These are essentially novelty items offered for sale as novelty gifts. If you own some land in Scotland there is a historical informal practice of reference to that person as a "laird" (lord in English). This is not the same thing as being a peer of the realm (i.e. a member of the House of Lords). Ownership of the land is not given formally but is held by the land owner on your behalf under the terms of your contract.

Customer: The letter states that they are delighted to welcome me into a select band of ladies who have joined an historic line of forebears enjoying the right and privilege to call the selfs Laird or Lady. Included with this missive is sign sealed cert deed of entitlement which confirms that I am now rightful proprietor of my very own square foot of Dunans Castle and legally entitled to use your new title.
Joshua :

The purchase of the land entitles you to use the term or terms specified in the terms and conditions which here from what you say would be "Lady of Chaol Ghleann" under a licence should you wish to use this title. The other party can withdrawn this licence at any time. It does not entitle you to call yourself "Lady [your name]".

Joshua :

Accordingly there is a legal contract between you and a company which appears to have rights to sell plots of land within a Scottish estate which in turn allows you to use the above title should you wish to. The contract does not give you formal legal title to the land which is registrable at the Scottish Land Registry. They are predominantly sold as novelty gift items rather than investment or for other purposes but there is a legal contract in place which underwrites your use of the title and nominal ownership of a plot of land.

Customer: How would you be able to use Lady of Chaol Ghleann if it not legal ?
Joshua :

You are allowed to use the title under a licence granted to you under the terms and conditions of your contract. In other words you have a contractual right (which the other party reserves the right to withdraw) to use the title. Accordingly there is a legal right for you to use the title within your contract.

Joshua :

Is there anything above I can clarify for you?

Customer: They mention Lady Caroline of Chaol Ghleann in the main letter .. Is this a title I could use under this contract ?
Joshua :

Quite so. Providing you use the Chaol Ghleann as part of the title you have a licence to use the title under contract.

Customer: Would it be legal to use on legal documentation in the UK .. ?
Joshua :

Yes providing you use the title exactly as provided for in the terms as above it is. You cannot drop the Chaol Ghleann reference - i.e. call yourself "Lady Caroline". This could amount to fraud depending on the purpose you were using it for. But otherwise this is acceptable.

Customer: Thank you For the clarification , I just wanted to be sure that if used I should be using it in the right context .
Customer: kind regards
Customer: caroline
Joshua :

A pleasure. Yes providing you use the title exactly in the form provided you are able to do so under the terms of your contract you have purchased

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer: Thank you .. Yes will keep in touch any further information.
Joshua :

Best wishes

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