Unowned land

davidmcn

greatcrested said:

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

This is the relevant thing explaining the "new" land registration rules. Generally in Scotland you get a good title by registering one and then occupying it for ten years (without anybody else objecting). That principle still applies, but the procedure now is that the Land Register won't let you even make the initial application to register until you've already been occupying the land for a year. You'll also need to jump through some other hoops, including evidence of searches carried out in the Register of Sasines for likely titles, attempts to contact any likely owners, etc. I haven't (yet) come across anybody even trying to do this.

The more practical way is just to occupy it and get title insurance against the risk of being kicked off by someone with a better title. But this is usually only where there are minor bits of unidentified land, not where you don't have any title to the whole plot.

I would suggest contacting a solicitor and/or one of the professional search companies to see if they can dig up some more useful leads e.g. where did the titles for the surrounding properties originate? Budget for hundreds just for the initial research though.

stephenhowell

Thank you. I think a solicitor will be my next move. I know who the surrounding areas were owned by but can’t find info on the piece of land I’m looking at.

glennevis

Have you checked for any online estate maps on the National Library of Scotland site

 https://maps.nls.uk/estates/

mlz1413

I registered an unowned piece of land many years ago. It wax the front garden of the house which bizarrely wasn't on the deeds.  I did it after living there for 15 years and had neighbours statements going back 50 years, but 1st registration of land is still a long winded process. 
Would really love an update when you find out more. 

davidmcn

mlz1413 said:

I registered an unowned piece of land many years ago. It wax the front garden of the house which bizarrely wasn't on the deeds.  I did it after living there for 15 years and had neighbours statements going back 50 years

In Scotland?

Davesnave

RobM99 said:

Get a "friend" to put a building or tent there, see if the owner turns up!  

This is what I'm doing with some fishing. The land owner doesn't know who owns the rights, but it's not him. So I can fish, until someone says, "Oi, this is my fishing, gerroff!" in which case I'm supposed to ask who they are. I will make the judgement whether to do that when and if  if it happens. I am too old to run away, but not old enough to plead confusion.