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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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I am resident in Scotland. I have a detached home and there

Resolved Question:

I am resident in Scotland.

I have a detached home and there is a part wall, part fence arrangement between my home and a neighbour. I need to establish whether or not the legal boundary runs through the wall and in particular, whether there is likely to be an official 'marker' in place (either in or adjacent to the wall). My property and those in this development were built in 1997. The Deeds that were provided for homeowners merely indicate the approximate 'shape' of the entirety of the property and contain no explanation nor physical dimensions (merely plot numbers). Can anyone help me to address this problem. I need to know precisely where the boundary runs because a neighbour has begun to 'grab' some of the areas adjacent to the physical fence and wall, about which I am not happy. I must determine the legal position quickly.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I suggest you need two things:

1. The original deed plan on the Disposition (title deed) granted by the builder to the first owner. That is not the Land Certificate for the property which is likely to have a plan at 1:1250 which is useless. You need a copy of the signed Disposition.

2. When you have that give it to a Land Surveyor such as Loy Surveys to do a site survey and determine where the physical boundary is in comparison to that shown on the deed plan.

There will be no physical marker on the ground and a site survey will be needed.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you for your answer thus far.


 


I am unable to contact the original owner of my property. Can i obtain a copy of this signed Disposition from another source? Would Falkirk Council be able to produce this document, as it would presumably have had to consent to same?


 


If you know of other source/s from which I might obtain such a copy document, I'd be grateful to receive your suggestions. Thank you.

Expert:  JGM replied 3 years ago.
No, the council has nothing to do with title deeds. A copy is kept at the Registers of Scotland. Contact Millar & Bryce which is a company of Searchers and they will get you a copy of the first deed relating to your property. Contact details are online.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. That is exceptionally helpful information and I'd have struggled to obtain this anywhere else ! Finally, will Millar & Bryce be content to provide their service to me (as a private individual) ?

Expert:  JGM replied 3 years ago.
Yes, I have an account with them but I have recommended their services to other customers on this site and have never been told that they won't take instructions on a private individual basis.
Customer: replied 3 years ago.

Very good, thank you. I really appreciate your input here, as I've been saved much 'legwork' here. I will act on your suggested course of action and I'm most grateful for your consideration here.


I'm satisfied and will leave you feedback accordingly. Many thanks.