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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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Boundary issue ScotlandHi Stuart JAfter 23 years

Customer Question

Boundary issue Scotland Hi Stuart J After 23 years of living next to our neighbours they have decided that a strip of land that they have never maintained belongs to them I have set out the details below. We live in a mid terraced property and the property to the right of us has decided that they own a strip of land in our property and how they have come to this conclusion is that some of the bricks from their house come across on to our property. They claim that they have spoken to their solicitor about this but we have never had any correspondents from the solicitor to state this fact. We have looked at the plans and there is nothing that states this belongs to them. The plan tells us that we have access to the communal path and they have no access to our property. I wonder if you can help just to set the record straigh

Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
can anyone answer this question please
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
The fact that there are bricks in the garden over from there house is by no means conclusive. The starting point to assess the boundary between two properties is with reference to the title plan attached to your Land Certificate and the Land Certificwte of your neighbours, not the physical brickwork of the building.
If the plans attached to the Land Certificates don't help because of economies of scale, then you may have to go back to the original deed plans on which the Land Certificates are based. This may involve some research with the Registers of Scotland.
However your neighbours can't make these assertions without some kind of title evidence.
It is also the case that if your titles cover the strip and you have had no challenge from next door for 10 years, then the title is unchallengeable through the passage of time, called prescription under the law of Scotland.
I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.
Thank you for your reply this is what we thought. But as they had said they had been to a their solicitor we thought there could have been an argument but since we have had nothing from their solicitor we thought they may be chancing their arm.
Expert:  JGM replied 2 years ago.
That's possible. However, if the solicitor had been able to say unequivocally that they owned he strip, it would have been usual for the solicitor to be asked to write to you confirming this. If he hasn't done so it may mean that they don't have that confirmation.