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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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Hi, I am looking at a plot of land which was at one time was

Customer Question

Hi, I am looking at a plot of land which was at one time was the south entry road to a castle. The road is gone now but is still marked on the map, but marked as disused. How do I find out if there are any rights on access?

Regards

XXXXX XXXXX
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The first thing you have to do is obtain from the seller and examine the title deeds. Any right of access will be a heritable right and will be disclosed in the deeds.

Note also that if there is evidence that the road has not been used for over 20 years then the right of access could have prescribed and been extinguished as a matter of law. However if the right is still in the deeds, the Registers of Scotland would need at the very least sworn statements from witnesses confirming the non use for that period so that reference to the access right can be deleted from the title.

I hope this helps. Please leave a positive response so that I am credited for my time.