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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ok. We bought a house on a feu in 2000. We no longer have a

Customer Question

Ok. We bought a house on a feu in 2000. We no longer have a mortgage on it. The property is on the Isle of Lewis.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Recently we made the decision to sell up and move somewhere else. As we registered with our estate agent, they told us that the Land Registry commissioned Ordnance Survey to digitalise all properyties and land in Scotland in 2012 and that many properties and their boundaries were found to be incorrect and that ours was one of them.
JA: Has anything been filed or reported?
Customer: They told us that some of the land we thought was ours that we bought with hte property in good faith back in 200 doesn't actually belong to us. This has been a real nbombshell because it only came to light when we put the house on the market a month ago....we were never notified by Land registry that there was a discrepency. Ironically we applied for planning permission on the land we thought was pours last year to erect a substantial double garage and storeroom and the council approved the planning permission. We have been informed that to rectify this we need to see if the owner will give/sell us the land that we thought we owned...that we paid for and that we have maintained all these years and then apply for changing the boundaries to the Land Registry ...a 16 week process that will cost us at the least some £2000. We are so cross...is this right? Have we no comeback or is there no grandfather agreement in such cases?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think for the moment that's aboiut it.
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

Is your property now on the Land Register of Scotland or is it still in the Sasine register? And the land you thought was within your title that isn't. Is it within another title? Is that title on the Land Register of Scotland? How did the issue come to light in the first place? Was an application for first registration attempted when your solicitor was registering the Discharge of the Standard Security following the repayment of your mortgage?