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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My family purchased 28.37 of land which was used as a

Customer Question

My family purchased 28.37 of land which was used as a caravan park in 1991. The title deed stated that the red line equated to this amount. The land adjacent to our ground was sold in 2015 and our title when surveyed showed that we now have 27.15 acres. Our south boundary is not marked by a fence and there is no identifiable marks or structures along a 490m red line. How can I get my 1.15 acres back?
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

Thank you for your question. I am a solicitor in Scotland. Have you definitely lost land. Have you had a calculation done on the area within the red boundary on the title plan? Have you measured the physical boundaries on the ground and compared them to the plan? The reason I ask is that Land Registration nowadays is done by plans and boundaries rather than the measurement of area.

Expert:  JGM replied 1 month ago.

The reason I ask is that Land Registration nowadays is done with reference to plans and boundaries rather than the measurement of area.

Customer: replied 1 month ago.
the land around our ground was sold to the local community and the Title Deed that we gave them has 28.37 acres on it. We retrieved the plan from the surveyor who submitted the land buyout and our title plan now reads 27.22 acres. Due to the fact that the same landowner sold us our land and also land to the community he relied on all the previous titles to determine what land he had left, and this was then sold to the community. No measurements were taken of what he sold the community it was just what was left. We always assumed that if we bought 28.37 acres that is what we should have!! The Land fund gave £500,000 to buy this land and the process states that any unmarked boundaries must be measured and matched the ensure that the are buying the correct amount, for some reason this was not done, and we are now being blackmailed for £140,000 pounds for 0.015 of an acre!!!
Expert:  JGM replied 1 month ago.

No, my point is, leave the acreage to one side for a moment. If you scale up the red boundary lines on your title plan, does it equate to the physical boundaries of the land.

Customer: replied 1 month ago.
No!
Expert:  JGM replied 1 month ago.

Can I see the titles? Preferably in respect of your area and the other area. You can email them in confidence to***@******.***. Can you also tell me what your solicitor is saying about this.