Access rights scotland

no_summer_here

Hello,
My wife is in process of buying a house in Scotland. It is accessed through a pend and there is rear access to a lane. However it is not clear in the Land Registry that there are rights of access to it. It is over two hundred years old with part of it extended in the 80's. It has been owner occupied since it was created. land registry are not willing at this this time to write in access even without indemnity. There are two other properties which use the pend to gain access to the rear of their properties and it seems unclear who actually owns the pend and all have been using to date. Can anyone advise if this is a can of worms that she should not proceed in purchasing?
Thank you for any advice.

googler

Land Registry won't be interested. Have you been speaking with Registers of Scotland, by any chance?

What does your wife's solcitor have to say on the topic? What stage is she at? Has an offer been made? Has your solicitor seen the titles to it yet?

no_summer_here

Hi thanks for your response here is my wife's reply.
This has come at the 11th hour, Offer accepted but not concluded as yet.
Yes seller's lawyer has written to Land Registry Scotland.
It would appear that no-one acknowledges ownership of the pend yet all three properties require access through to rear and me to the house in question. Previously rights have been passed from one seller to another but not last time it was sold. Registry quote, "Land Registration (Scotland) Act 1979 Sect 3 (1) (a) which provides for rights to pass sub silentio and vest in a registered proprietor, not withstanding the fact they are not explicitly narrated in the Land Certificate. Sect 3 (2) of the 1979 Act recognises the role of possession in relation to rights and,by implication, the continuing efficacy of Sect 3 (2) of the Prescription and Limitation (Scotland) Act 1973"
My Lawyer has suggested we request the seller get all parties to agree to sorting the matter out prior to sale progressing, could be lengthy due to legal involvement for all three parties.
Another suggestion is to proceed with a Retention being kept back to get the matter dealt with once I own the property.
I will be buying cash and am keen to move but not into a possible hornets nest!!
Any advice greatly appreciated.