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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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We own our drive, as per our deeds of 1977, our neighbours

Resolved Question:

We own our drive, as per our deeds of 1977, our neighbours have vehicle access only from our drive to the back of their property. Do they own a share of our land?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

No a right of access is not a right of ownership of land so they has no share of your land arising from the access right.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

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.

Expert:  JGM replied 3 years ago.
In order to register a title on the Land Register for the first time, the applicant must provide evidence of ownership via the prior Sasine Register titles. As the driveway was in your name, the old neighbour would have been unable to do so and if he has done so then the Land Register has made a mistake. I suggest you get your solicitor to contact the Land Register showing them your title and asking for the basis upon which they saw fit to grant the neighbouring title a right in common to the driveway.
Customer: replied 3 years ago.

Thank you for your help.

Expert:  JGM replied 3 years ago.
You're welcome.
Customer: replied 2 years ago.

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.