Scottish Elises

Since all services appear to be available via SE, do we have any experts on land disputes?

It's a case where 2 people have deeds that show they both own an overlapping piece of land.

Thanks,
Gary.

Not your house I hope Gary

Steve.

An friend is having this issue after moving into a new build that was built by one firm and a new firm building on the boundary. There are conflicting drawings and all sorts. Not much help but I can ask what course of action they have identified, will probably see them at the weekend.

I have a friend that works at the land registry at meadowbank, Edinburgh. Could ask him if he knows best way to approach?

It's my pseudo father-in-law. Similar thing where 2 people have land next to each other and drawings etc overlap each other.

I believe the rules on resolving this have changed in the last few years. I think the problem is going to be that neither side really wants to compromise and it'll end up going to court at great expense and he wants to get some advice from someone who has a history of dealing with these things.

Wish I could dispute over Jenkinson but it seems cut and dried. However will see what happens when he starts building and his usage of our land outside of his building plot.

tut

Not something I know about, but I've heard of the RICS (Institute of Chartered Surveyors), who do a fixed price dispute service. Maybe that would be a cost effective option before it gets legal and unreasonably expensive.

We had similar problems when we bought our current house. We tried to buy additional land and it highlighted that some of our current land was still in Council ownership despite being in our deeds. Ultimately we re- bought the land as otherwise we were going to be in an epic legal case with associated bills and the SNP were in the process of reclassifying the land classification rules so it made sense to cut our losses.
Our dispute centred on a document reporting ' 6 sticks from Mrs someone's hawthorn hedge' so it was never going to be easily solved.

Thanks for the replies. I've passed on the RICS info which looks like it could be useful.

tut wrote:Wish I could dispute over Jenkinson but it seems cut and dried. However will see what happens when he starts building and his usage of our land outside of his building plot.

tut

Is he back from Thailand, tut?!

Tread carefully before you open a dispute as it will effectively stop the sale of the property for some time to come. That may not be an issue for you, but ignoring minor bounder issues can often be a better way forward. As long as it does not involve building work I'd let future owners worry about it. But my understanding is that there is only one land register drawing and I'd tend to go with that unless it's clearly very wrong.