How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10261
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

We've had the use of a piece of land as a car park

Resolved Question:

We've had the use of a piece of land as a car park thirty years. It belongs, in the main, to the neighbouring Free Presbyterian Church (our property having previously been the manse when constructed in 1876) although we own approximately 10% which by title deed is 'landlocked'. The church's Deacons Court gave us written consent in 1984 to build a driveway and subsequently, in 1992, written consent to extend this to a car park. The cost of all works; mono block paving, gates and the lowering of the kerb were all our undertaking. In 1992 we were advised that the car parking could remain in place indefinitely and if the church ever considered selling the land, our interest would be kept in view.
From a recent informal approach, it is clear that there is no intention to sell and that the arrangement is likely to be changed, should we considering selling our property which is both our home and 'guest house' business.
As we have cared land since our purchase of our house in 1978 and have subsequently constructed a car park business use, we are of a mind that we will have some rights under Scottish law to gain permanent access and or title. Can you advise?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you question.
You have no right to a permanent title to the property as you don't have a title deed. So however long you occupy this area and however much you've looked after and cared and paid money towards it you will never own it.
The written consents don't take you any further nor do the representations about keeping your interests in view, unless you have a formal written document to that effect in the form of a contract or option agreement .
However, you may have certain servitude rights established by the passage of time. There will certainly be a servitude right of access over the ground so the landlock issue is not an issue. That is called a prescriptive servitude and arises simply through usage over the period.
There is also fairly recent law about parking being a servitude or heritable right. You can find online the case of Moncrieff v Jamieson where the court found that there was no reason in principal why parking could not be established as a servitude. Before that, the law of property and the courts didn't recognise such a right.
Servitude rights, once granted or established through usage are heritable rights and pass with the property as opposed to the person so if the ransom strip was a problem, the law of prescription would solve that problem.
However, as with anything which isn't written down in black and white, any purchaser would want evidence of usage prior to committing to a purchase.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10261
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.