Land registry boundary and users

sunshine17

Good morning.

                          Live in Scotland in a 150 year old upper villa, we share with lower villa. When property was purchased it was in a state of repair, for years lower villa lay empty, and after tracking down owner due to problems with the building and found out there was water flowing through property below for around 8 years causing subsidence. We had tarted up the garden drying green,  cleared it out took care of all maintenance to this point. A few bare bugs, sheriff officers found owner repossessed property and it was deemed not viewable surveyor couldn't believe we had been living above for so long when downstairs was rotten. 

No problem it was sold at auction and a cowboy came in and did a makeover on it and sold it on.

So we own half  front and back with gate down path to back garden also have stairs leading down to drying green. All communal and works well enough, we upkeep all the areas but the neighbour downstairs isn't interested in gardening and doesn't use the washing line, but we do so keep the grass cut.

 Although she doesn't do gardening her mother comes round and does some weeding now and again, then her mother will sit out drinking and enjoying the space with or without owner being there, while I look on longingly because we don't get the luxury to do so as her mother is always there and it's not a garden but they use it and enjoy our hard work. 

Second issue it's a old building and at some point long before our days some of the ground was sold and cottage erected. It's in our land boundary. 

So to the left side of our house there is a path with ground that is common with access to our gable end, the cottage behind uses it to get to and from his house and has built a lean to next to our gable end to house his vintage truck and car, not a problem, he was here before us but just before lower villa was sold he raised the drive right up side of our building cutting off the lower villa air brickets without even consulting us (he's a character) but said if it was an issue he'd put it back. 

Next thing there used to be a old broken fence around our garden, I do believe he built it back in the day when his family had lived in lower villa and put gate there to access his and her door. 

There was also another gate on right side of his garden to come through ours to get to the street. 

Always found this confusing as to why he'd have access through our private garden but he's a old man and didn't want to ask. 

We put up new fence years ago and took the gate to the left away and to give us privacy but left gap on right side and he put new gate up. 

Throughout the year he and visitors will just come down our path into his garden window cleaners family, dumps all his logs on our path takes his bins out, makes a mess of the gravel etc, more recently they broken our gate from the street with slamming gate and left the wood lying and that's when I had enough. Between the upkeep of keeping the place nice and tom !!!!!! and Harry coming through our garden I went and got a copy of the land registry we couldn't find ours anywhere. 

So now we have it it clearly shows that only us and lower villa have access to right of the property, jointly own all front and back and path there is no access to the cottage through our garden and further more he only has access to his house from left side only where he parks is common but part of his path to his house is also ours but over years he had claimed it as his own so where the original fence was we replaced to the same place our boundary also includes all his pathway on left but he's built steps down and filled it with flower boarders.

We are at point of selling now because we have no joy living here and wonder if there's going to be an issue trying to sell it now. Sorry for being long winded just fed up. 

propertyrental

Yes it will be a problem to sell.

Yes selling and walking away from the issues is the right thing to do.

Do what was done downstairs - sell at auction (ie to another cowboy).

user1977

If you're going to be selling anyway, then best discuss with your solicitor. Unlike England there isn't a commonplace general enquiry expecting you to declare any disputes with neighbours, though it sounds like your neighbour is encroaching on your space so a buyer might pick up on that.