Prescription of land Scotland

Gers

A friend bought a ground floor flat (in a small block of four) with a shared garden. Initially he thought the entire garden was included, however it turns out that a substantial part of it is not in anyone's title and so unregistered.

The upstairs neighbour has been maintaining and using the whole garden for approx 18 years.

https://kb.ros.gov.uk/land-and-property-registration/inaccuracies-and-compensation/prescriptive-claimants

The legislation about the prescription of the land is unclear (to me!) so I'd be grateful for some clarity on the process.

As I understand it - a claim has to be made first which is in place for a year and then the following x number of years have to take place although a retrospective claim can also be made.

Is that correct?

Thanks

davidmcn

The current procedures make it pretty impractical for anyone to register title (i.e. the registers require to you to notify anyone who might be the owner, but if your application fails and you end up wanting to rely on title indemnity insurance, the insurers would require you not to have notified anyone who might be owner...). So in practice it can be easier just to get insurance and forget about registering title.

What investigations have taken place so far to check if there is a registered/recorded title? Does the land look like it would have belonged to whoever developed the flats?

theartfullodger

Your friend should take the matter up with his original solicitor, initially. If still unhappy engage a solicitor specialising in this area...


Does your friend have no internet access?

Gers

davidmcn wrote: »

The current procedures make it pretty impractical for anyone to register title (i.e. the registers require to you to notify anyone who might be the owner, but if your application fails and you end up wanting to rely on title indemnity insurance, the insurers would require you not to have notified anyone who might be owner...). So in practice it can be easier just to get insurance and forget about registering title.

What investigations have taken place so far to check if there is a registered/recorded title? Does the land look like it would have belonged to whoever developed the flats?

Thanks - I knew it was as clear as mud!

The flats were he lives are very old, remnants of workers houses from long gone industry. Most of that land has been redeveloped a number of years ago.

The land looks like it belongs to the flats as there is nothing else near enough to make sense. It's long been fenced right round to enclose it to the flats - mature and substantial trees around the edges within the fence.

theartfullodger wrote: »

Your friend should take the matter up with his original solicitor, initially. If still unhappy engage a solicitor specialising in this area...


Does your friend have no internet access?

He took it up at conveyancing, his solicitor confirmed that the land was not on anyone's title.

He just mentioned it in passing yesterday, of course he has acccess to the internet, so do I! I'm interested in helping him get some information about the process. As highlighted it's not clear! I wouldn't like him to go in blind. It's the upstairs neighbour who may have better claim for the land so he's not out to grab it, though somebody should!

theartfullodger

Lodge?.......

Gers

theartfullodger wrote: »

Lodge?.......

??........

davidmcn

Gers wrote: »

He took it up at conveyancing, his solicitor confirmed that the land was not on anyone's title.

Ok, but do you know what to what extent the solicitor searched? That might just mean it's not included with the title to any of the flats. The chances are that it was owned by whoever built them, and while that might be somebody whose successors can't realistically be traced, it could be the local laird, or the council, in which case the registers are unlikely to allow it to be registered other than by a normal sale by the registered owner.

Gers

davidmcn wrote: »

Ok, but do you know what to what extent the solicitor searched? That might just mean it's not included with the title to any of the flats. The chances are that it was owned by whoever built them, and while that might be somebody whose successors can't realistically be traced, it could be the local laird, or the council, in which case the registers are unlikely to allow it to be registered other than by a normal sale by the registered owner.

The solicitor only confirmed that the parcel of land was not on the title and did no more. It's only with the realisation that not one of the four owners has title that this has been raised. There's no demarcation between what's on the title and the remainder of it, it's all enclosed by the fence and an old wall which is in keeping with the build of the flats - 1930s construction for a long gone mill.

I'll let him take it up! Not as 'easy' as adverse possession in England then.