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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience:  30 years as a practising solicitor.
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I have a Sasine Register document reference Scottish Council

Resolved Question:

I have a Sasine Register document reference Scottish Council property details of land sold to a major supermarket. THe legal words do not make it clear who the owners of the land were before it was registered for sale by the council in 1997. Is there any one out there who can make the document clearer. This is a common good question as well as wording.
Bob H
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a solicitor in Scotland and can help you with this if you can let me have the wording exactly as it is in the deed to which you refer.
Customer: replied 2 years ago.

This is the document.

• 01078 (No 20) 03 April 1997
• Disp. By MORAY COUNCIL – TO xxxxxxx ssssssss LTD. – 2 areas of ground, extending to 2970 square metres and 458 square metres, on north or northeast side of CAROLINE STREET, FORRES, part of (1) o.404 hectare, with former thereon, FORRES GAS WORKS referred to in Convey to Moray District Council, recorded 21 Apr. 1987 and (11.) the COMMON GOOD OF BURGH OF FORRES,REFERREDTO IN THE Royal Charterby James IV and others, dated 21 Jun. 1496. which sublects, in so far as forming part of formerly owned by British Gas , were last vested in MORAY DISTRICT COUNCIL, from whom said Granter acquired right by Order and Act and, in so far as forming part of Common Good of Burgh of Forres, were last vested in PROVOST, MAGISTRATES AND COUNCILLORS OF BURGH OF FORRES, FROM WHOM SAID Granter acquired right by Orders and Acts. Dated 31 Mar 1997.
• £xxx,xxx 2 PLANS ( also on CSS 22123 and to CCS 22569)

Expert:  JGM replied 2 years ago.
Can you let me have the wording contained in the whole deed please.
Expert:  JGM replied 2 years ago.
Part of the land was owned by British Gas and they covered it to the council on 1987.
The Common Good land was held by the Provost, Magistrates and Councillors of Forres and was then transferred to the current Council after reorganisation in 1997.
What it doesn't say is who held the Common Good land before that date. You would need to get the prior title by asking a searcher such as Millar & Bryce Limited to trace the title back.
Typically a lot of common good land in Scotland ended up being taken over by the councils who forget that the land is supposed to be for the benefit of the people and sell it on to organisations.
Customer: replied 2 years ago.

Thanks but all you have done is detailed what I can read. My opinion is that if all of the land (which it implies) was in the name of the Magistrates and councillors of Royal Burgh of Forres in 1997 then they must have also owned it in 1975. It was also detailed as part of a Royal Charter from the 1400s. My opinion is that given this written detail then the land was Common Good when sold in 1997. Please confirm or deny my opinion.

Bob H

Expert:  JGM replied 2 years ago.
The deed narrates two parcels of land, the first of which was owned by British Gas and then Moray District Council and from whom Moray Council acquired right by the reorganisation legislation (that is the Order and Act referred to).
There is nothing in the part of the Deed you have narrate which expressly or impliedly states that that parcel of land was Common Good land. That is not to say that it wasn't. Just that you will have to see earlier deeds to find out. This deed doesn't help you as regards ***** ***** parcel of land.
I don't agree with your opinion, therefore.
Customer: replied 2 years ago.

So I accept that but what about the second parcel of land? Registered in the name of The Magistrates and Councillors of the Royal Burgh of Forres.

Bob

Expert:  JGM replied 2 years ago.
The second was originally common good land.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience: 30 years as a practising solicitor.
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