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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10656
Experience:  30 years as a practising solicitor.
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Under what circumstances would title deed access rights change

Resolved Question:

Under what circumstances would title deed access rights change for no apparent reason and for the land office to put on them not to be seen written on the paper work in Scotland.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
1. By 20 years use or non use of the right. With extraneous evidence the Land Register could change.
2. Registration of an overriding interest.
3. Grant of a new right by a landowner.
Happy to discuss further if you can explain your situation a little more.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10656
Experience: 30 years as a practising solicitor.
JGM and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

We are land locked as neighbours refuse to give access accross there garden to house which has been used since the late 1900 s. In 2008 the deed appear to change and say a west access which does not exist and the file at the land office says not to be seen. Why would it say not to be seen.

Expert:  JGM replied 2 years ago.
I don't understand the second part of your question and you would have to explain this in more detail.
However if the owner of your property has had access over the neighbours garden for over 20 years a prescriptive right of access is established.
Customer: replied 2 years ago.

There is a file from 2008 to do with the access over the neighbours garden which shows that we have the right to access our house over there garden but this file has been stamped not to be seen,obviously we have managed to see this unofficialy. Now there is documents saying access is from the west but there is no access from the west.

Expert:  JGM replied 2 years ago.
Where is the access right derived from. If there is a right of access they can't just remove it without reason. Do you have any other information.
Customer: replied 2 years ago.

In the late 1890s lets say Mr A owned land and sold it and there is two joining bungalows one belonged to Mr B and the other was owned by Mr C and we being Mr C had access accross mr b land they have been bought a couple of times since then and access was always across Mr B garden with an access road down the side. having calculated the area of land that Mr A owned in the first place we are certain that our directions are correct. As I said in 2008 we dont know what happend there is a file saying not to be seen, but this file clearly says access is accross there garden. To get to our house we now have to go through a private field and we are waiting to get told we cant.

Expert:  JGM replied 2 years ago.
What does your title say about access? What county are you in? When did you buy the house? Do you have a title number? What date was the First Registration of the property on the Land Register (as specified in Part A of your Land Certificate).
Customer: replied 2 years ago.

I have just read your dislaimer and did not realise that this is available for the public to view so I will cease giving information.

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