Land Registry Question

Hotlimegold

  Hi @Land_Registry

 

         This is a question from Scotland I hope that you can help.

         I brought an old farm house with land in 2017.  My neighbor divorced in  2019 and the ex wife got most of the garden as a part of the settlement and has now sold it off to someone to  build a house. 

         So she has now created a new title deed which has a right of access to the garden over my drive way and over my neighbors land.

         I did not consent or agree or know of  this.

         So I have just found out that my deeds (new download) have been altered (in 2024) interestingly the date on the issue of the deed is the original date that I brought my house despite being altered.and that action has now not been reflected in a new date on the deed.

        I have copies of the deeds of my neighbor and myself over the years so I know, its a recent change.

         So my questions are:

      1. How do I get my deeds changed to what they were originally.

     

      2. Can I get copies of correspondence that changed my deeds ie the ex wife's correspondence to the land registry. 

     3. Any letters allegedly from myself to the Land Registry.requesting these changes.

     3. Find out if my name has been used to authorise this action.

       Sorry for the long post and rambling post I hope I have explained things  clearly.

           Thanks for any help.

            R

      

user1977

You've tagged the rep for the (English and Welsh) Land Registry, so they're not going to be able to help you with a question about Scottish property (which is registered in the Land Register, which is administered by Registers of Scotland).

Are you saying the access rights were never exercised previously? They can be established by use over the years. What advice did you get about the title from your solicitor when you bought?

Hotlimegold

Hi,

       The access rights have been added onto my deeds without my knowledge or consent.

        R

    

user1977

Hotlimegold said:

The access rights have been added onto my deeds without my knowledge or consent.

There's not necessarily anything improper about that.

Are you able to answer the questions?

Hotlimegold

   It means that an access is being attempted over my property without my agreement and stopping my use of my drive way, a big problem.

BarelySentientAI

Hotlimegold said:

   It means that an access is being attempted over my property without my agreement and stopping my use of my drive way, a big problem.

Please, answer the questions that you have been asked.

Were there any previously used access rights across your property?  By anyone?  Even unofficially?

What advice did you get from the solicitor when you bought about limitations or conditions of the title?

user1977

We can't provide particularly useful advice if you're not willing to share any more information here.

This is a link to the Land Register's guide for how they deal with registration of prescriptive servitudes (it's their internal guide so not particularly user-friendly for laypeople) - but as I said, they don't need your consent to register a servitude if they are persuaded that one already exists:

https://rosdev.atlassian.net/wiki/spaces/2ARM/pages/252477447/Servitudes#Servitudes-PrescriptiveServitudes

If you think the servitude has been inaccurately registered then you could apply for the register to be rectified, but I would suggest you seek legal advice first.

Irrespective of whether some sort of servitude already existed, the fact it's being used for a newbuild house may give you an argument that its use goes beyond what was previously established.

Hotlimegold

There were no access rights as the garden was separated from the neighbors property so there was no previous access.

Sorry I thought I had answered the question.

Thanks for the link.

BarelySentientAI

Hotlimegold said:

There were no access rights as the garden was separated from the neighbors property so there was no previous access.

How was the garden accessed if it was separated from the property it was associated with?