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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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In a boundary dispute can a boundary agreement be made by lawyers

Resolved Question:

In a boundary dispute can a boundary agreement be made by lawyers representing pursuer and defender, respectively, in a telephone negotiation, where as a result of the negotiation the defender will lose land which is being claimed by the pursuer?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A verbal agreement as to the extent of land to be transferred from one party to another party is unenforceable under the law of Scotland.
So what your solicitor did was have a discussion about land to be transferred. It was impossible for him to agree anything as it wasn't in writing.
Even if a boundary line had been agree and a plan been made available and approved by you and your surveyors there can be no transfer until a written contract, know as missives, is entered into.
You can acquire anything in Scotland by way of a verbal agreement except heritable property which has to be in writing.
I hope this helps. Please leave a positive response so that I am credited for my time.
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