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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience:  30 years as a practising solicitor.
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Good evening My question is regarding land boundary (in

Resolved Question:

Good evening
My question is regarding land boundary (in Scotland)
My title deeds are on the old land registry system. It was registered early 2970s. We have a boundary fence which was constructed 40 plus years ago. The owner of the land on the other side of the boundary fence now claim that the fence is in the wrong place. They have been the same owner since late 1960s their title deeds have been re-registered in 2011 and would now appear to show the fence in the wrong place
Are they correct to move the fence as it has been there for more than 40 years undisputed?
Part of the fence was built by them. Does this affect anything?
Kind regards
David
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
The transition from the old Sasine Register to the Land Register is map based. The Land Register examines the Sasine deeds with plans and written boundary descriptions and compares the written descriptions and plan in the deeds with boundaries as shown on the OS map. If they coincide then the property is allocated a cadastral unit and is registered. However, it may be that the boundaries conflict with yout adjacent Sasine title, perhaps because the physical boundaries have been altered or because the old deeds aren't accurate. Your neighbours are not correct to move the boundary at this stage as both title have to be considered, not just theirs. You should have your solicitor order a level 3 plans report from the Land Register in the first instance. That will uncover any boundary discrepancy. If the plans report passes your deeds then there is something wrong on the ground and you may have to get a land survey done to find out what the issue is. The Land Register may have to be written to if rectification of the titles is required. I hope that helps. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
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