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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10098
Experience:  30 years as a practising solicitor.
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I am discussing with my conveyancing solicitor sale of my

Customer Question

I am discussing with my conveyancing solicitor sale of my house we however disagree on the title deed regards ***** ***** specifies access road ownership, it does not mention road solum ownership only access and maintenance. Does the word solemn need to be within the wording which is very old local dialect, would you review the title wording if scanned through
Kind regards
Submitted: 3 months ago.
Category: Scots Law
Expert:  JGM replied 3 months ago.

Please scan to***@******.*** and ask the moderator to forward toCustomer I will read and contact you.

Customer: replied 3 months ago.
HiCustomerI have scanned and attached the house Linardon title deed, I would like to know if I own the road or just share the maintenance with neighbour, I do not see reference to solum does this matter or is it really contained within the overall wording perhaps best if I call you
Kind Regards
Maurice
Expert:  JGM replied 3 months ago.

I'll look out for the scan coming to me and we'll take it from there.

Customer: replied 3 months ago.
HiCustomerPlease would you be so kind and confirm receipt of document in case I need to resend
thanks
Expert:  JGM replied 3 months ago.

Yes I'll let you know when it gets to me. It goes via the moderator in the US office so they're maybe just getting up just now.

Expert:  JGM replied 3 months ago.

Still not arrived with me. Could you resend it to***@******.***.

Customer: replied 3 months ago.
Hi Have resent so hope it arrives
Expert:  JGM replied 3 months ago.

I'll let you know when it arrives. Alternatively you can upload it here but it would be on the public forum. You might not want that even though title deeds are deemed to be public documents.

Customer: replied 3 months ago.
HiCustomerAny signs yet I can write it all down and send but this would take some time?
Thanks
Expert:  JGM replied 3 months ago.

No sign yet. You can upload it here using the attachment icon. You shouldn't have to write it all out again.

Customer: replied 3 months ago.
I have attached and replied to your mail (although it says don't reply) as I cant attach to the add mail on your formal reply sheet for within Justanswer for some reason it wont take.
I have tried also via my other email account***@******.*** but apparently this is not recognised in your system.
Apologies but is there any other way I can send you the info as time is now pressing
Many thanks
Maurice
Expert:  JGM replied 3 months ago.

Can you just attach the file as opposed to an email?

Customer: replied 3 months ago.
file added
Expert:  JGM replied 3 months ago.

Thank you. I'm sorry about the difficulties with the document. I've now had a look at it for you. There is right in common along with the owners of Moss-side cottage to the access road as well as a joint obligation of repair and maintenance. If you read the deed carefully, it is clear that a right in common has been disponed. The deed disponed a right in common to the access road, NOT a right of access in common to the road. There is a distinction and for that reason I am of the opinion that you own the road jointly with the cottage and you also have an obligation of maintenance and repair jointly with the cottage. There is no reference to solum. That doesn't matter. I hope that helps. Please leave a positive rating so that I am credited for my time.