Ask a Scots Law Question, Get an Answer ASAP!
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.
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.
There is no such concept of adverse possession in Scots Law
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
Can I clarify anything for you about this today please?