Scotland: Title Deeds. Where is Boundary - the description or the red line on title plan?

Rural_Puppy

Hello
Trying to work out precisely where my boundary is. In my title deeds, the description is very clear, the boundary is formed by the centre line of the ditch running alongside my property. From the title deed plan, this looks to me like where the boundary actually is. My neighbour (whom I have asked to stop encroaching into my land), has also looked at the plan on my title and decided that red line shows the boundary and is not the ditch, but over a bit more on my side. I disagree!

My neighbour's deeds don't have a similar description about the ditch delineating the boundary, but do contain a plan that shows measurements showing the perimeter of their plot. That title is still on the Sasines register.

My question is - on Scottish titles that are logged by the Keeper on the Cadastral map in the Land Register, which descriptor takes precedence, the narrative description referring to physical features, or the plan outline in red, which when "blown up", may not show the level of detail required.
Any assistance here much appreciated. Thank you!

user1977

It's a map-based system, so the boundary is only as precise as whatever the margin of error is for the relevant map scale. How big is "a bit"?

Rural_Puppy

It's about a metre on the ground! I suspect that what has happened is that the new title has used the Sasine plan to plot the map, and the line has been placed slightly to the side of where it should be.
The problem is the neighbour encroaching on the land and causing damage. They now claim the small "bit" it is not my land, but is not also claiming it is their land either as I don't think it is on their deeds.....
The narrative in my deeds is clear and has remained the same throughout the previous Sasine deeds, ie "where the property is bounded by a ditch, the centre line of the ditch forms the boundary".
 
My question is, which takes precedence, the narrative description that has existed for decades and which refers to a physical feature that still remains, or the more recently plotted digital map from Scotlis?

Also - what is the margin of error on Scotlis?

user1977

At first registration there would have been a Land Register-compliant plan submitted, showing what the parties (to the sale of your property) thought was actually both owned and occupied by your property. References to ditches aren't used. Ditches move, or disappear completely. Map co-ordinates don't.

It's not clear who's actually been occupying the strip in question - what's the nature of the "encroachment"?

theoretica

Do you know the history of the 'ditch'?  Is it an entirely dug drainage ditch or a natural watercourse that may have been tidied up and directed?  Legally, they are very different matters, and in England at any rate it is common for the boundary to be the centre of a natural watercourse, but a ditch dug along the boundary or one property to drain it, and belong to that property...

Rural_Puppy

Thank you for the responses.
The encroachment refers to the neighbours destroying my hedge. The hedge is behind a stock fence on my side of the ditch.
The neighbours have previously said that they thought the boundary was the stock fence. So even by that measure, they have already effectively come onto my ground.

The deeds actually refer to a "ditch or stream" forming the boundary where these exist. The ditch would have originally been dug to drain the adjacent fields. Both fields were originally under the same ownership, but have since been sold off separately. I suspect the ditch would have been dug when the fields were owned by the same person. It seems unlikely the ditch location has shifted over time.
My property with the (now dead) hedge inside the fence and the ditch is still a field. The neighbours is a corner of the adjacent field which now has a house built on it. They wanted rid of the hedge to open up their view.

My intention is to reinstate the hedge, but I want to ensure that we are both clear on the precise location of the boundary first.

Does anyone know what the tolerance of the mapped lines showing the boundary actually is? If it is say, a metre either way, then surely I could then argue that the centre of the ditch is within the map tolerance, and we should revert to the boundary as being as described in the narrative of the deeds?
Thanks!

Rural_Puppy

I have a further question. If I believe that the Keeper has drawn the boundary incorrectly - ie not along the centre line of the adjacent ditch, how can I ask for this to be rectified? 

theoretica

https://scotlandsearch.org.uk/boundaries/

(https://help.landregistry.gov.uk/app/answers/detail/a_id/360/~/how-to-apply-for-a-determined-boundary in England)  - and a boundary surveyor, I believe.

user1977

Rural_Puppy said:

If I believe that the Keeper has drawn the boundary incorrectly - ie not along the centre line of the adjacent ditch, how can I ask for this to be rectified? 

Do you mean adding to your title? Not easily anyway. Would be easier for us to understand if we could see the plans.