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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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If you upkeep a piece of land for 15 years does it become

Customer Question

If you upkeep a piece of land for 15 years does it become yours?
Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

No it doesn't. The only way you can obtain ownership of land in Scotland is to acquire a title from the existing owner and register that title in the Registers of Scotland. Possession of land or being engaged in the upkeep of land does not suffice.

In certain limited circumstances, where the owner of a property can't be traced, someone in possession of land can attempt to register themselves a title which, if unchallenged for 10 years, would result in that person being able to become the heritable proprietor. That is the only circumstance which comes close to deriving ownership by way of possession but a title is also required.

I hope this helps. Please leave a positive response so that I am credited for my time.