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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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My elderly mother has lived in her mid terraced house for 25

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my elderly mother has lived in her mid terraced house for 25 she is now in sheltered housing, we are possibly going to sell the property. the garden boundary walls at the front of the house have been built for around 15 years and now her neighbour (who lived there at the time and didn't complain) has decided the wall is around 10 inches further into her garden than it should be and she has lettered us saying because of this she will block the sale of the house. The title deeds show she might possibly be correct but why complain now. we have just repainted the house, trims and the wall (and also some of her property without any cost to her) Do we have to remove the wall or is there a time scale which prevents us having to do this? the property is in ayrshire in scotland

There is no way that you can just assume ownership of an encroached strip of land unless 1. You've had possession for over 10 years AND a title to the encroached land was registered. Even then the Registers of Scotland are unlikely to accept such a title unless no owner can be found so the answer to your question is that there is no timescale for prescriptive ownership without a title to the land in question. That hasn't happened here so if your mother's house is encroaching the options are 1. To reinstate the correct boundary or 2. To buy the strip from the neighbour and have both titles adjusted at the Land Register. It is usually cheaper to reinstate. I'm afraid these are the options if the neighbour is insisting on this being regularised. Happy to discuss further. I hope that answers your question. Please leave a positive rating so that I am credited for my time.

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