Thank you for your answer. But we discovered in July last year that the man who sold the property to our neighbours had redrawn the disposition in 1999 showing half our drive to be 'right in common' and had registered that with the Registrar in Edinburgh. Now our neighbours say they own a share of our drive.
Thank you for your help.
With reference to your answer above, our solicitor completed Form 9 and enclosed all relevant deeds etc. to Registrar in Edinburgh in August asking that this error be corrected. This is the reply from the Registrar - 'I write to advise that the solicitors representing proprietor of KNC7311 have indicated to the Keeper that Mrs. Prentice (owner of the cottage) has made use of the access road since taking title to the property. She has also refused to give her consent to the removal of the 'right in common' from her registered title. In the circumstances, the rectification application is unable to proceed and this will be cancelled in early course.' (for your information - of course she has made use of our access road as this was an agreement we had to make in 1977 as per our deeds when we bought our property, this has never been denied. Also of interest, I was approached by the neighbour who redrew the disposition when he sold that cottage and he admitted to me that he has never owned any of our road, so therefore could not have sold it. Can you advise us what to do next. I can furnish you with more detailed information if you so wish.