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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7491
Experience:  28 years as a practising solicitor.
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Part of our neighbours property was sold forty years ago by

Resolved Question:

Part of our neighbour’s property was sold forty years ago by the previous owners.
It has recently been discovered by us that in that sale the conveyancing documents improperly included part of our property.
And that this part of our property had subsequently been demolished. 
( The solicitors responsible at that time no longer exist, having been taken over and absorbed by a larger firm. )

Question:
Is there a time limit which would prevent us from challenging the improper conveyancing of part of our property to our neighbour ?
If there is no time limit, what redress have we for the improper conveyancing and subsequent demolition of part of our property ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

The law says that where a piece of land is conveyed to another and no challenge is made to the conveyance for a period of 10 years, any defect in the title or other irregularity becomes cured.

Accordingly, the land you refer to now belongs to the neighbouring property.

Whether you have any redress against the solicitors who acted at the time depends on whether you ever owned the property with this piece of land or not. If you owned the property 40 years ago and the land has essentially been removed from your title unbeknown to you, then you may be able to make a claim to the solicitors' professional indemnity insurers, who are brokered by Marsh UK Limited in Edinburgh. There will still be run off insurance cover even if the firm ceased to exist.

However if you bought the property more recently then you bought the property as it stands and you have no remedy.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7491
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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