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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11143
Experience:  30 years as a practising solicitor.
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A house has been sold which has an extension of its boundaries

Resolved Question:

A house has been sold which has an extension of its boundaries onto my land without permission.
The new owners are unaware of this and it's not there fault but where do I stand under Scottish law?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland. The position is that the new owners have a property that encroaches onto your land. If you wish to have them stop the encroachment then any case you take would have to be against them even although they didn't have anything to do about it. Your remedy would be an action of implement whereby you would ask a court to make them remove the encroachment. Alternatively you could negotiate a Disposition of the encroaching land from you to them and if appropriate ask for a price which could be set by a surveyor. Happy to discuss further.
Customer: replied 1 year ago.
Half the large garage the previous owners built is within my grazing land which would be impossible to get back.
Is there a case against the solicitors who delt with the sale of the property in the first place as they have sold my land or the property unlawfully?
When I bought my last house, the previous owners had also extended there boundaries (onto my grazing land) and the sale wouldn't go through until the correct boundaries where in place?
Expert:  JGM replied 1 year ago.
I would have to see the title to answer this definitively as sometimes the title sheet would not pick an encroachment of less than a few metres.
Generally, however, the selling solicitors do not warrant the title. It is for the purchaser's solicitors to examine the title. There is no relationship between you and the purchaser's solicitors, however. Your remedy is against the purchaser's themselves as current owners. They may or may not have a case against their own solicitors, as I say, depending on the nature and extent of the encroachment.
I hope that helps. Please leave a positive rating so that I am credited for my time.
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