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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17054
Experience:  30 years as a practising solicitor.
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Scots Law Query. Does the physical removal of an occupants

Customer Question

Scots Law Query.
Does the physical removal of an occupants goods and chattels from the lawful landowners land (followed by a police warning charged against the said occupiers for threatening behaviour) interrupt their period of occupation of land for the purposes of their obtaining prescriptive rights over land?
Submitted: 12 days ago.
Category: Scots Law
Expert:  JGM replied 12 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.

Yes it does as the occupation is no longer open and peaceful. Go to the sheriff and get an interdict too and that will judicially interrupt the prescriptive period.

Expert:  JGM replied 12 days ago.

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 11 days ago.
How do I get an interdict to interrupt the prescriptive period? What is the process/procedure?
Customer: replied 11 days ago.
Do I need to fill in forms? Make an appearance at the Sheriff Court?
Expert:  JGM replied 10 days ago.

There is no form as such. That type of action is drafted from scratch. A solicitor will be needed.

Customer: replied 10 days ago.
Can you recommend a solicitor?
Expert:  JGM replied 9 days ago.

You can find a solicitor in your area by going to www.lawscot.org.uk.