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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16235
Experience:  30 years as a practising solicitor.
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I have my title deeds but cannot decipher what

Customer Question

I have my title deeds but cannot decipher what rights/ownership I have to the access road leading to my property which is private and unadopted under Scots Law
Can you advise how I can tell from the deeds what my rights are?
Submitted: 8 days ago.
Category: Scots Law
Expert:  Virtual-mod replied 7 days ago.
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Expert:  JGM replied 7 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 7 days ago.

If you upload your title as a single pdf file using the clip icon I will look at this for you. Usually rights of access are either in section A or Section D of a title sheet.

Customer: replied 7 days ago.
Sorry I was away all day Thank you for your response. I will do as you ask very shortly
Customer: replied 6 days ago.
Here are some pages which I hope are relevant I can scan more of the narrative if necessary Thank you
Expert:  JGM replied 6 days ago.

Thanks. It’s the narrative I need to see in full please.

Customer: replied 6 days ago.
OK on its way
Customer: replied 6 days ago.
here are the remaining pages thanks
Expert:  JGM replied 5 days ago.

Thanks for doing that. Amongst your title deeds is there a copy of the Disposition by James Rendell and John Pottinger in favour of Margaret Pottinger recorded on 2nd December 1898. I suspect that might determine the rights of access. If it doesn’t it will be in one of the other two deeds referred to as (FIRST) and (SECOND) on the second page of the deed you have provided. In other words the rights of access aren’t specifically stated in your title. Your title refers to earlier deeds which may have created the right of access. So the earlier deeds have to be looked at. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 5 days ago.
Thank you Yes I have these Dispositions and will send it very soon Best wishes