Land double registered

[Crusoe]

hoping for a simple answer. Looks like a bit of land has been registered twice with different ownership.

Group of three houses all have deeds saying one area is shared between the three houses and the three flats. The deeds for the three flats say the area is shared only between the three flats.

Anyone know the best way to get it resolved, does it go to the land registry to have them update it and make the call, does it go by which deeds were entered first, looks like there is some differences with it being in Scotland.

[anonymous-user]

Your problem does not sound like one that will have a simple answer. Land is valuable stuff, so I suggest that you take specialist and insured advice from a Scots lawyer, not from a car forum. There are not many Scots lawyers who post here. Most of the people who post here are well intended amateurs who know little or nothing about English law (but express firm opinions about it nonetheless) and less than zip about Scots law. There are some land lawyers here, but they practise in England AFAIK, and land law north of the border differs markedly from land law to the south.

[Crusoe]

Spoken to several none of which have helped, especially as there is a clause in the deeds which seems to allow the original developer to change their plans.

I've spoken to the land registry directly today and they suggested if there is a conflict they will look into it and if it falls under their inaccuracy and rectification guidelines (which it sounds like it would) they can take action for free to fix it. Gave me an email address to send it to so wait and see.

https://www.ros.gov.uk/__data/assets/pdf_file/0018...

[blueg33]

Are you sure its a conflict and not registered leases over freehold land? This would show us two registrations

[Crusoe]

Yes, solicitor agreed there is a conflict (colored in as owned in one plan and shared in the other) - no idea why they didn't refer it to the land registry to get it sorted though. Auto reply saying they will get back to me within 8 days so see what happens.

[anonymous-user]

Which random made up person on a car forum will you sue if you follow his or her advice given here and it turns out to be expensively wrong?

[Crusoe]

Don't really care on the outcome as long as it is a final decision one way or the other. If it's part mine I'll have a say in what happens to it but if not I'm happy for them to sort the issues they have between the flat owners, just want the inconsistency tidied up.

[AndrewEH1]

Well good luck either way.

My family are currently trying to deal with land issues with deeds going back to 1780s before a major development in the centre of Edinburgh...

[blueg33]

Breadvan72 said:

Which random made up person on a car forum will you sue if you follow his or her advice given here and it turns out to be expensively wrong?

In various threads quite a few of us, including you give advice in our respective fields of expertise.

I don't think anyone claims that advice to be definitive, and surely your average PH'er isn't dumb enough not to back that up with proper paid for advice if the issue is that important?

OP. If you need a properly good Scottish Property Lawyer, I can recommend one.

[Crusoe]

blueg33 said:

OP. If you need a properly good Scottish Property Lawyer, I can recommend one.

Thanks might take you up on it if the land registry don't come back with anything constructive. Ones we have seen seem to struggle to read the deeds far less make a valid call on actions to sort it. Current one has agreed reduced fees for realizing he had miss read them and confused the area in question.

[anonymous-user]

blueg33 said:

...surely your average PH'er isn't dumb enough not to back that up with proper paid for advice if the issue is that important?

...

I admire your optimism about that!

[anonymous-user]

blueg33 said:

In various threads quite a few of us, including you give advice in our respective fields of expertise.

...

Some do, but many here have no relevant expertise and still give confident and often dangerously wrong advice on legal issues. Posters seeking advice here often look for the advice they want to hear, rather than the right advice, and the happy talk may come from one of the well meaning know nothings.

[surveyor]

Breadvan72 said:

blueg33 said:

In various threads quite a few of us, including you give advice in our respective fields of expertise.

...

Some do, but many here have no relevant expertise and still give confident and often dangerously wrong advice on legal issues. Posters seeking advice here often look for the advice they want to hear, rather than the right advice, and the happy talk may come from one of the well meaning know nothings.

We've all seen compete rubbish spouted In our fields of choice. We know betterm but others may take that rubbish as good advice and act on it...

PS. I'm out on this. Scotland is funny land.

[blueg33]

Breadvan72 said:

blueg33 said:

In various threads quite a few of us, including you give advice in our respective fields of expertise.

...

Some do, but many here have no relevant expertise and still give confident and often dangerously wrong advice on legal issues. Posters seeking advice here often look for the advice they want to hear, rather than the right advice, and the happy talk may come from one of the well meaning know nothings.

Fair point, I routinely over estimate the intelligence of people.

[pits]

Breadvan72 said:

blueg33 said:

In various threads quite a few of us, including you give advice in our respective fields of expertise.

...

Some do, but many here have no relevant expertise and still give confident and often dangerously wrong advice on legal issues. Posters seeking advice here often look for the advice they want to hear, rather than the right advice, and the happy talk may come from one of the well meaning know nothings.

Indeed, happens quite a lot.
What you need to do is just build a fence around the land you want as your own, then challenge the other residents with a swordfight to the death, unless one is Welsh in which case bow and arrow is the more legal route, best to cover all bases, if the police show up make sure your pregnant wife pisses in his helmet.

Also worth noting that you believe the neighbours are not following Under the terms of the Polish Potatoes (Notification) in England Order - 2004: No person shall, in the course of business, import into England potatoes which he knows to be or has reasonable cause to suspect to be Polish potatoes.



Does sound like an interesting one though, I will speak to my mate about this for my own curiosity, and do what BV has said.

[spikeyhead]

pits said:

Indeed, happens quite a lot.
What you need to do is just build a fence around the land you want as your own, then challenge the other residents with a swordfight to the death, unless one is Welsh in which case bow and arrow is the more legal route, best to cover all bases, if the police show up make sure your pregnant wife pisses in his helmet.

Also worth noting that you believe the neighbours are not following Under the terms of the Polish Potatoes (Notification) in England Order - 2004: No person shall, in the course of business, import into England potatoes which he knows to be or has reasonable cause to suspect to be Polish potatoes.



Does sound like an interesting one though, I will speak to my mate about this for my own curiosity, and do what BV has said.

You have failed to mention the Latvian exemption,

[blueg33]

spikeyhead said:

pits said:

Indeed, happens quite a lot.
What you need to do is just build a fence around the land you want as your own, then challenge the other residents with a swordfight to the death, unless one is Welsh in which case bow and arrow is the more legal route, best to cover all bases, if the police show up make sure your pregnant wife pisses in his helmet.

Also worth noting that you believe the neighbours are not following Under the terms of the Polish Potatoes (Notification) in England Order - 2004: No person shall, in the course of business, import into England potatoes which he knows to be or has reasonable cause to suspect to be Polish potatoes.



Does sound like an interesting one though, I will speak to my mate about this for my own curiosity, and do what BV has said.

You have failed to mention the Latvian exemption,

Why do people always ignore the Protection of Land and Assets Act 1571 within which Section 4, para 32 clearly allows for a person of higher birth to take the land in dispute and rape the peasants wife. Op, you will need to check both your and your neighbour's family history to ascertain who has this right. Obviously, if you try and apply the right without the correct status you will be in breach of the Rebellion and Civil Disorder Act so tread carefully.

IANAL

[Crusoe]

superseded by the brave heart you'll never take out freedom act of 2015 where if you voted yes in the referendum you get a free can of irn-bru and the right to take the land of any English neighbors and deflower their first born (with optional sheep clause north of stonehaven).

[pits]

blueg33 said:

spikeyhead said:

pits said:

Indeed, happens quite a lot.
What you need to do is just build a fence around the land you want as your own, then challenge the other residents with a swordfight to the death, unless one is Welsh in which case bow and arrow is the more legal route, best to cover all bases, if the police show up make sure your pregnant wife pisses in his helmet.

Also worth noting that you believe the neighbours are not following Under the terms of the Polish Potatoes (Notification) in England Order - 2004: No person shall, in the course of business, import into England potatoes which he knows to be or has reasonable cause to suspect to be Polish potatoes.



Does sound like an interesting one though, I will speak to my mate about this for my own curiosity, and do what BV has said.

You have failed to mention the Latvian exemption,

Why do people always ignore the Protection of Land and Assets Act 1571 within which Section 4, para 32 clearly allows for a person of higher birth to take the land in dispute and rape the peasants wife. Op, you will need to check both your and your neighbour's family history to ascertain who has this right. Obviously, if you try and apply the right without the correct status you will be in breach of the Rebellion and Civil Disorder Act so tread carefully.

IANAL

The big problem with that is if through the 1897 birth registry of peasants and bds your family is registered, and the opposite family although a peasant or bd was born before the act was introduced, then you quite literally open yourself up to sodomy and vbrj as they are deemed of a higher peasant or bd.

Honestly it's a buggery minefield, you should look at the case of Arthur A. Nally vs Bernard Cockburn 1976 QC Mike Huntstrum presiding.