There is nothing more frustrating to a client than to hear that they do not have title to all they believe they should. A difficult conversation is to be had to explain that while they may have used the land for as long as they can remember, they don’t in fact own it and fixing the issue could cost thousands with potentially no certainty that they will reach the outcome they desire.
Legal Insights & Industry Updates
Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
Latest Residential property articles
One of the most common types of legal dispute that can arise is where people engage a builder directly to build them a house. The complexities, costs and potential for things to go badly wrong mean that it’s fertile ground for disputes. The conversation often starts a little like this: "I have fallen out with my builder but I don’t have a contract."
A recent Sheriff Court judgement has highlighted the importance of formally recording any agreement when it comes to ownership and possession of heritable property and the operation of the doctrine of personal bar in such circumstances.
A decision of the Court of Session concerns a servitude right of access over a strip of land between two houses in Elie, Fife. The case is instructive in terms of the quantity or quality of access required to establish a servitude right of access by means of prescription.
Registers of Scotland is consulting customers and stakeholders on whether the ability to upload and submit land register applications to the Keeper digitally via the DSS should be made available permanently.