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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11271
Experience:  30 years as a practising solicitor.
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My family owned a farm which was sold almost thirty years

Customer Question

My family owned a farm which was sold almost thirty years ago although an area of land was retained and is still in our ownership. At the time of the sale there was a house on the land which was sold separately from the farm. The access lane to this house was fenced off from the retained land and the line of the march fence was marked on the deeds.
At some stage this fence has been removed and there is no longer any indication of the original line. The current owner of the house has placed a number of beehives in the vicinity of the boundary and is using these as a means of excluding us from reinstating the fence. I have offered to employ a chartered surveyor as an independent arbiter to determine the correct line of the fence but our neighbour has not agreed to abide by any such determination so it is unclear if the expense would be justifiable.
We have said that we will bear the cost of having the fence replaced so are only asking for access to our own land to erect the fence. We wish to develop our land but cannot do this without the boundary fence being reinstated. How should we proceed?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Thank you for your question. I am a solicitor in Scotland. Can you tell me if you have a copy of the deed plan that would have been drawn up at the time of the sale. Does the plan cover all three plots, ie, the farm, the retained land and the land on which the house is situated? What is the scale of the plan?

Customer: replied 1 year ago.
The plan I have shows just the house which was sold separately and its boundary. The scale is shown as 1:500.
Expert:  JGM replied 1 year ago.

Sorry for the delay in replying. I wanted to discuss your situation with a land surveyor. Plans of the whole properties will be required. A land surveyor will be needed to take detailed measurements. A new plan should be drawn based on what is on the ground. That plan should be compared with the existing deed plans. That will show to what extent there is encroachment with the deed plans. Thereafter if the neighbour doesnt agree with the extent of any encroachment it would be for you to take proceedings against the neighbour.