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Ash
Ash, Solicitor
Category: Scots Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been using land for over twelve years I have been told

Customer Question

I have been using land for over twelve years I have been told that I now own the land is this true or not
Submitted: 2 years ago.
Category: Scots Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

A title to land can only be perfected by 10 years peaceful and uninterrupted possession of the land in addition to which a title has to be registered for at least the same period. If there is no challenge within the 10 years then the title will be perfected by what is called prescription. The type of deed used is an "a non domino" deed and the Keeper of the Registers of Scotland will view these with some suspicion in most circumstances.

Alex Watts :

There is no such concept of adverse possession in Scots Law

Alex Watts :

You can read about this subject in the Registration of Title Practice Book which is freely available online. I have pasted the link here: http://www.ros.gov.uk/foi/legal/text/ch36.htm

Alex Watts :

Can I clarify anything for you about this today please?

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