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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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I have had free use of land for 29 years having been told by

Resolved Question:

I have had free use of land for 29 years having been told by the owner that they would make this legal in their will. The owner is now in a hospital suffering with dimensia and her son acting as trustee has denied all knowledge of this agreement and is preparing to take the land back into the general farm. How can I prevent this from happening. We keep ponies / chickens and fruit trees on this land. We fenced the land ourselves and have not paid rent for it.
Can I register this land
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Unfortunately you are in a difficult position unless the owner has made this part of her will.
Occupation of land in Scotland can never confer ownership without a title being granted by the owner. You can't register a title because you don't own it and it is unfortunate that the owner is now not in a position to grant a title.
With regret I have to inform you that there is no legal remedy here and you cannot prevent him taking the land back in the absence of a written agreement obliging the owner to grant a title in your favour.
I am sorry to advise you in such terms.
I hope this helps. Please leave a positive response so that I am credited for my time.
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