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JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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Dear Sir or Madam How, in Scotland, can ownership be established

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Dear Sir or Madam
How, in Scotland, can ownership be established of a small piece of land that does not have:
1. a postal address
2. clear title documents
which our neighbour has, without challenge, fenced off and included within the limits of their grounds in the past two years.
Yours faithfully
Thank you for your question.
I presume that your neighbour is trying to gain ownership of the land by registering an a non domino disposition in the hope that there will be no challenge within 10 years after which time ownership will be purified.
If you are opposed to this you will have to try to find out who the original owner is. Whilst that can sometimes be difficult to do it is generally acceptd that there is very little land in Scotland which is simply not owned.
The way you would have to go about this is to employ a professional firm of Scottish Searchers who can usually trace titles back in time and establish ownership. You would have to give them the nearest adjoining titles and a plan of the area in question. I would suggest that you contact Millar & Bryce whose contact details you will get online.
Happy to discuss further.
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