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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11449
Experience:  30 years as a practising solicitor.
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JGM Further to our recent discussions regarding

Customer Question

HiCustomerFurther to our recent discussions regarding neighbours registration and consequential boundary dispute I would be grateful if you would contact me on *********** to discuss arranging you to view my documents as you suggested you would like to see these. Thank you ***** *****
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for contacting me. You should send scans of the documents to***@******.*** and I will look at them. You should not upload them directly to the site as they will not remain confidential if you do.
Customer: replied 1 year ago.
Hi, Thank you for your prompt reply.
I am unable to scan the documents and due to the large quantity I was rather hoping you may be able to assist on a personal client basis?
I have met with a Solicitor and I am unsure if the advice is sound. The Solicitor has written to me and advised .. quote..
"Firstly I would deal with your purported claim against the Keeper, in connection with the registration of the neighbour Mr Anderson's title. The problem here, as I see it, is that Mr Anderson's title was registered in 2010, some two years before you bought the adjoining property. I believe only the owners of Thistledhu, Mr & Mrs Ryder, would have had the right title and interest to challenge the (new) boundary line established by the Disposition and Plan in favour of Mr Anderson. In theory the Ryders might not have known about any change in the boundary line until they came to sell it to you, but if the boundary was an issue it would have become clear when the P16 Report etc were being obtained at the time of sale to you. So far as I can see it all the Ordnance Survey plans referred to at the time of sale show the boundary between the Anderson's property and the Ryder's property in its current position.
There is a file note from Andrew Kerr (BBM Solicitors) on 11th December 2012 showing he discussed this matter with you and noting that the keeper has provided a P16 report, which confirms that the north west boundary and the west.south boundary of the property is not in dispute. To my mind when you took delivery of the Disposition from the Ryders you accepted the boundary line in the Land Register. Regrettably therefore I do not believe you can challenge the boundary line now.
Secondly having perused the files and papers you gave me I can see no clear evidence of negligence by BBM Solicitors. There are notes on the file showing that the Title and boundary problems were discussed with you and agreement was reached as to how to proceed. I accept that with hindsight you may have instructed BBM to proceed in a different manner. Unfortunatley the Law does not protect you against having made a "bad bargain". " end quote.I am not convinced that the Law would only permit the Ryder's the right title and interest to challenge the (new) boundary line established by the Disposition and Plan in favour of Mr Anderson?
The Ryder's and indeed BBM Solicitors and myself relied upon the Deeds, which were presented within the inventory with my application for first registration and the P16 report ..subjects are those described in Feu charter recorded March 1971, which include disposition and plan both clearly confirming bounded measurements.
It is clear that all parties were oblivious to Mr Anderson's careless registration in 2010 and it appears also that all parties assumed that the Ryder's Title matched that of the Ordnance Survey plan. In the circumstances I do not believe that I have made a "bad bargain" ?I have also noted what I believe is an error within my Application Form for first registration which BBM Solicitors presented on my behalf...
Part B 1(a) "do the deeds submitted in support of this application include a plan illustrating the extent of the subjects to be registered?
BBM answered "Yes" however,
Part B 1(b) "Have you submitted a deed containing a full bounding description with measurements?
BBM answered "No" the answer should have been "Yes" as the particulars of Writs/deeds included on the inventory Form 4 clearly contain a full bounding description and measurements.A few words with regard BBM file note dated 11th December 2012. Yes, I recall discussing the north west boundary with Andrew Kerr, my query was the Ryder's showed me where they assumed the physical boundary line was and I asked Kerr to confirm the true position of the boundary line, he explained to me that the measurement was as per Ryder's Sasine Deed and informed me that once registered the boundary will be confirmed and indemnified by the Keeper once based based on the OS map... as we now know, the OS map is wrong!I am obviously unhappy with my Solicitors advice and would be grateful if you are able to agree or disagree with his advice.Thank you, Richard.
Expert:  JGM replied 1 year ago.
I cannot agree or disagree without seeing the various papers and JustAnswer only allows experts to answer queries through the site. We can't take on cases privately. I can't answer your queries under these circumstances, I'm afraid, other than to say that the boundaries of subjects, pre December 2012, were generally determined by comparison between a deed plan and the OS map. The report being the P16 report referred to. I suggest you ask your solicitor, or a new one, to look at this again and also consider whether you should get a formal opinion from one of the Scottish professors of conveyancing. This is generally the best, ***** ***** economic, way to proceed in these situations.