Solictor arguing over plans and East and West

user1977

If the existing title is registered, why are they referring back to the Sasine title at all?

shinytop

On the new plan, the blue area is to the east of the nearest part of the red-outlined boundary.  Maybe that's what they mean 

Abcynthia

user1977 said:

If the existing title is registered, why are they referring back to the Sasine title at all?

When I look on ScotLIS it is shown as the full plot (not split), but I think as it hasn't been bought or sold for over 50 years it isn't on the Land Registry  (this is just my best guess? I'm no expert). You can just view the ordinance survey boundary. Like this:

Abcynthia

shinytop said:

On the new plan, the blue area is to the east of the nearest part of the red-outlined boundary.  Maybe that's what they mean 

Good suggestion! I shall ask if that is what they mean.

Grumpy_chap

Abcynthia said:

I think when you have someone so adamantly arguing about compass points with you, you start to question yourself and reality. Especially when that someone is being paid to be the expert in the situation. 

To be fair, you are not paying the Solicitor to be an expert in Cartography.

user1977

Abcynthia said:

user1977 said:

If the existing title is registered, why are they referring back to the Sasine title at all?

When I look on ScotLIS it is shown as the full plot (not split), but I think as it hasn't been bought or sold for over 50 years it isn't on the Land Registry

Ah, ok, that makes more sense. Your OP said "using the plan that is registered with registers of Scotland" but it's not already registered

Section62

Grumpy_chap said:

Abcynthia said:

I think when you have someone so adamantly arguing about compass points with you, you start to question yourself and reality. Especially when that someone is being paid to be the expert in the situation. 

To be fair, you are not paying the Solicitor to be an expert in Cartography.

I'm not sure you need to be an expert in cartography to know the difference between East and West.  A property solicitor's expertise should really include the ability to look at a plan and/or wording using the basic compass points and be able to understand what is going on, as well as being able to correctly communicate that to the client.

lfc321

I think you need to ask the solicitor “the access road lies to the east of what?” I suspect they’re not talking about east of the house. Perhaps east of the public road? 

Abcynthia

lfc321 said:

I think you need to ask the solicitor “the access road lies to the east of what?” I suspect they’re not talking about east of the house. Perhaps east of the public road? 

Thank you.  Another good suggestion! Although I don't think it can be the public road as they say in the original title it is listed as west and "that is correct". Its just the new plan apparently showing it as East that is causing them the upset. There's nothing on the west side of the public road. But surely you are right that it must be a specific part.

I've just been looking through everything that has been said about it again and this is a quote from the sellers solicitor when they've been trying to argue their case
"The right of access contained in the title is "from the west side" which the highlighted access clearly is"