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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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I have inherited a house called Waterside(part of Seaside House)

Customer Question

I have inherited a house called Waterside(part of Seaside House) which is in Tighnabruaich, Argyll. It was built in 2006; my father bought it in 2012 for £400,000. Our solicitor was unhappy at the time with the title deeds (ARG 9906) which appear to suggest that our neighbours (one shop and 2 first floor flats) have a right in common to the rear yard, ground and foreshore and the walls enclosing same(including the common seawall). However a Disposition in the Burdens section refers to a 1983 deed where the previous owners bought this area of land from the Crown Commission.

How do I go about contesting the validity of the Title Deeds since, although they refer to the 1983 acquisition, they do not seem to reflect this?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Do you have copies of the neighbours' title deeds or Land Certificate. Stage 1 is to examine those deeds to see if a right in common appears there as well as in your Land Certificate. If it doesn't then your Land Certificate may be wrong and the Keeper can be asked to amend it.
Customer: replied 2 years ago.

I do have copies of neighbours title deeds and both the gallery and one of the neighbours deeds refer to this right in common


 


more fundamentally i dont understand why our title deeds, written in 2005, refer to the right in common if the ground was purchased from the crown estate in 1983 (and this deed makes no reference to any right in common)?

Expert:  JGM replied 2 years ago.
I would need to see the titles. You can scan and upload to mediafire.com and I can have a look.
Customer: replied 2 years ago.

Thank you


 


i would like to do this but will need to be tomorrow morning


 


and i'm not sure how mediafire.com works?


 


penny

Expert:  JGM replied 2 years ago.
You start an account, it lets you upload documents and creates a link that you can send me.
Customer: replied 2 years ago.
Do I need an email address or reference for you

Penny
Expert:  JGM replied 2 years ago.
No, just paste the mediafire link into the answer box below.
Customer: replied 2 years ago.

https://www.mediafire.com/#c8b9696c8sn3l


 


Hi there


Here are the title deeds for Watersside


also the 1983 disposition when the Crown Estate sold the land to the Jamiesons. I am still trying to establish whether this transaction actually included the seawall


 


I don't understand why the Waterside Title deeds refer to rights in common with the neighbours


I do hope the deeds are sufficiently legible for you to read


 


Kind regards


 


penny


 


 

Expert:  JGM replied 2 years ago.
I'll have a look and come back to you.
Expert:  JGM replied 2 years ago.
Sorry, this isn't working and I can't work out why.

Can you send the deeds to [email protected] and ask them to send them onto JGM.

Thanks.
Customer: replied 2 years ago.
Will do tomorrow morning

Thanks

Penny
Expert:  JGM replied 2 years ago.
Many thanks
Customer: replied 2 years ago.

I have just sent title deeds thru via [email protected]


 


2 more emails to follow


 


penny

Expert:  JGM replied 2 years ago.
Thanks, I'll look out for it.
Customer: replied 2 years ago.

 


Has anything at all come through?


 


I have just seen that the server couldnt deliver at least one of the emails to [email protected]?


 


is there another address or shall i just try again


 

Expert:  JGM replied 2 years ago.
The site administrators will send any emails on to me. They are in America so it may be later in the day. If an email has failed best try it again.
Customer: replied 2 years ago.

I have tried again and agan the server has returned it


 


what now?

Expert:  JGM replied 2 years ago.
Have you sent it as a PDF and if so what size is the file.
Customer: replied 2 years ago.

I have just sent thru 2 pages of the 1983 document to [email protected] They are pdfs. Please let me know when/if they arrive and I will send the rest


 


penny

Expert:  JGM replied 2 years ago.
Thanks, I'll look out for it.
Customer: replied 2 years ago.

any sign yet - i sent them a couple of hours ago


 


penny

Expert:  JGM replied 2 years ago.
No.
Customer: replied 2 years ago.

Since I cannot manage to send you the title deeds might i ask you the question another way


 


 


Various people have looked at the Deeds and agreed that they do not accurately reflect the current situation.


 


In the case of Waterside Title Deeds how do I go about doing this? Do I need a solicitor or can I go direct to the Land Registry?

Expert:  JGM replied 2 years ago.
You can contact the Land Register in the first instance but if there is remedial conveyancing required you would have to see a solicitor, preferably the one you saw in the purchase.
Customer: replied 2 years ago.

What can we do if the neighbours whose title deeds overlap with ours do not respond and/or do not wish to appoint a solicitor?

Expert:  JGM replied 2 years ago.
You would need to go to court for the court to determine the issue.
Customer: replied 2 years ago.

What court would it be?


Would I need to initiate this?


 

Expert:  JGM replied 2 years ago.
It would be in your local sheriff court at your instance, yes.

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