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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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I took possession of a flat in Carluke 12 years ago. The

Customer Question

I took possession of a flat in Carluke 12 years ago. The flat had been empty since 1986, the owner was born an only child in 1889 and died intestate in 1986. The flat had lain empty and deteriorating since she died. In 2004 my then solicitor attempted to lodge a title with the Keeper of the Registers for me but was sent off with a flea in his ear. Since then my family has used this flat as a second home and have been paying council tax on it. Now what?
Submitted: 3 months ago.
Category: Scots Law
Expert:  JGM replied 3 months ago.

Please let me see the deed whereby an attempt to register a title was made in 2004.

Customer: replied 3 months ago.
Not possible. The solicitor who acted at the time has retired and moved.
Expert:  JGM replied 3 months ago.

Let me see the correspondence or tell me why the RoS would not record an a non domino title.

Customer: replied 3 months ago.
No I dont want to switch to a live phone call. Just give me run down on Scot's Law in this instance.Which is what I paid for.
Expert:  JGM replied 3 months ago.

OK, the Scotla law position is that you have no right to this property at all, technically it belongs to the Crown if the deceased died with no relatives surviving him and you would have to apply to the Crown to buy the property. In the absence of any background information that is the position.

Customer: replied 3 months ago.
Surely in Scotland it doesn't belong to the Crown?
Expert:  JGM replied 3 months ago.

Yes it does, if there is no descendent of the owner? See