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I will wait for an answer. When I sent questions in March,Customerdealt with them and advised that a right in common could not be granted by the Registrar unless 'C' could provide proof of ownership. 'C' can NOT do this, as he confronted my wife in Tesco and asked 'what is going on'. She told him he had sold part of our road - he told my wife 'I've never owned any of your road so how could I sell it'. He has admitted he did not sell it, yet the Registrar in Edinburgh refuses to check into this. A mistake has obviously been made and needs to be corrected. But as you can see by the above, they are 'clearing their hands of it' and don't want to admit a mistake has been made.
Good to hear from you again.
We have here copies of Dispositions for B, C and D and Land Certificate for E. These were all sent by our Solicitor to the Registrar in Edinburgh on 5th August, 2014 together with Form 9.
The following is a paragraph sent on Form 9 - 'The reference to "Right in Common" was first introduced in the Disposition by Thomas Mearns ('C') in favour of Christopher ***** *****e and Pamela Jayne McRuvie ('D') inducing first Registration and was first Registered on 18 November 1999. The previous Disposition of Adendale Cottage by Joan Lydia Taylor ('B') in favour of Thomas Mearns ('C') and spouse recorded 10 January 1994 contains no such reference.
We will check, but we made it clear that we knew nothing of this until July, 2013 so there should not be a time limit. I will come back to you.
Our solicitor thoroughly examined all deeds since 1950 and there was nothing until prior to our purchase of the Croft in 1977, the seller's solicitor, Burnett & Reid, raised the following new burden and we had to agree to same. 'In addition the purchasers of the said piece of ground, Mr.and Mrs.A.G.Taylor('B') are to be granted a right of vehicular access over the Access roadway shaded blue on the said plan by our clients and the property is sold subject to the said servitude right.' These same Solicitors just happen to be the same ones that Mrs. Prentice ('E') is currently using!! There are now two different deeds for the same piece of our roadway!!
'As you will be aware, Section 9(3) of the Land Registration (Scotland) Act 1979 sets out the limited circumstances in which the Keeper can rectify the Land Register against a proprietor in possession. In addition, where there is any dispute over possession the Keeper has no judicial function and has no authority to arbritate between competing claims. I write to advise that the solicitors representing the registered proprietor have indicated to the Keeper that Mrs. Prentice has made use of the access road since taking title to the property. She has also refused to give her consent to the removal of the right in common from her registered title.' That was all!!
I didn't have space in the box below for the last sentence in the Keeper's letter - 'In the circumstances, the rectification application is unable to proceed and this will be cancelled in early course.'
I added 'That was all!!' as I ran out of space. No reference was made to why the 'changed' deeds signed by Thomas Mearns and his solicitor in 1999 had been registered - why didn't they check against our deeds? We were never approached in 1999 and have agreed to nothing. Therefore our deeds have not been changed since 1977.
Yes, I did rate you as 'excellent service'. I also hope you received your bonus.
Just wish you could recommend a very good solicitor in Scotland who would know how to deal with the land tribunal. Our solicitor is an associate and not very good!! Many thanks for all your efficient help.