Land boundary ownership issues in Scotland?

by Readers Question

11:26 AM, 5th May 2020
About 7 months ago

Land boundary ownership issues in Scotland?

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Land boundary ownership issues in Scotland?

I rent my home to my daughter and live elsewhere. The house has been in my family’s ownership since around 2003.  On purchasing the property we had a survey completed and witnessed our deeds along with land Registered details so we knew what we were buying.

However, increasingly a neighbour was instructing a workman to cut hedging and potted plants on our side of the property so we spoke to them and asked them to stop (they have lots of CCTV cameras and we have kids). They didn’t stop and gave us a range of excuses that it was a mistake etc. It got to the point that we formally asked them to desist and remove their overhanging tree from our property as it was discarding large limbs on us.

Rather than go away and leave us alone they began to instruct the workman to come onto our property the claim we didn’t answer our phone when they sought permission – total trot. They claimed they were in poor health and requested we contact their solicitor. We attempted this several times and suggested that our surveyor met with their surveyor and resolved the boundary matter same day. More trot!

We get an email at 6:10pm on a Bank Holiday weekend containing malicious accusations and a dubious looking survey from a well known company stating it was their land and they were taking it back the next day and would sue us and obtain a court order if we went near them or their workmen.

Since then we have proved their survey false and insisted they remove their encroachments at their own expense. They won’t go and are still instructing workmen to remove hedging etc. Today there was a confrontation as we are installing a small pool and a workman with a hedge trimmer was millimetres away from us. We asked the workman to stop as the hedge had no consent to be cut and their are birds nesting in it.

You guessed it, they won’t stop.Any suggestions?

This comes under Scottish Law.

Thank you in advance

Samizdats


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Comments

Lindsay Keith

9:39 AM, 6th May 2020
About 7 months ago

See a Scottish solicitor!

terry sullivan

11:32 AM, 6th May 2020
About 7 months ago

injunction--try local council first?

Freda Blogs

11:40 AM, 6th May 2020
About 7 months ago

Talk to a solicitor. Soon. Often they will give you a free initial consultation of around 30 mins. Prepare your information and get case together before you go on the call to get the most from the consultation.

samizdats@yahoo.co.uk

3:07 AM, 7th May 2020
About 7 months ago

Reply to the comment left by terry sullivan at 06/05/2020 - 11:32
Hello and thank you. Council and Surveyor said to remove all hedging and install fencing up to our boundary and it may be cheapest way. Will cost 2/3 thousand. The female actually said to us to take them to court but we perceive this as an opportunity for them to hurt us financially. Now we are looking at asking the council to deal with it via ASBOS

samizdats@yahoo.co.uk

3:17 AM, 7th May 2020
About 7 months ago

Reply to the comment left by Freda Blogs at 06/05/2020 - 11:40
Hello and thank you. We have spoken to a couple of Solicitors now and it would be a civil case and private prosecution. Not what we were hoping for. The frustration of people actually behaving in this manner because the risk of being caught and prosecuted is so low. What really concerns us is the well known company making up details and stating they were in accordance with ROS & RICS. We were also informed and verified that their solicitor practice recently lost a partner as he was struck off for fraud. This makes us think it's going to be a slow process and even if you prove something the defenders won't change.

samizdats@yahoo.co.uk

3:18 AM, 7th May 2020
About 7 months ago

Reply to the comment left by Lindsay Keith at 06/05/2020 - 09:39
It would be nice if we had sliding scale or no win no fee solicitors for this type of thing.

Freda Blogs

12:22 PM, 7th May 2020
About 7 months ago

Reply to the comment left by at 07/05/2020 - 03:17
Just had another thought - check your property insurance policy in case there is a legal expenses provision in it, which may enable you to go down the civil claim route if you wished. I think you will need to use the insurer's recommended solicitors who will appraise your case before agreeing to proceed. Good luck.

terry sullivan

13:04 PM, 7th May 2020
About 7 months ago

Reply to the comment left by at 07/05/2020 - 03:07
use simple wire fencing--lot cheaper

terry sullivan

13:06 PM, 7th May 2020
About 7 months ago

glyphoste??? £25 for 5 liters full strength on line

Puzzler

10:14 AM, 10th May 2020
About 7 months ago

If the survey was from a well-known company, could you contact them and check it has not been fraudulently edited by your neighbour?

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Latest tier restrictions are a pretty blatant attack on less wealthy areas of the country

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