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Boundary Dispute - Scotland

(5 Posts)
hoboken Tue 18-Feb-14 18:16:56

House owner (resident 3 - 4 years) submits a planning application
Local authority planning officer indicates the council is 'minded to accept'

Owner of neighbouring property (resident there 20+ years knows that the extension concerned will encroach onto her land (according to the Register of Sasines but not according to the new register which mistakenly draws the boundary as a straight line)

The owner of the neighbouring property has approached a lawyer who wrote to Registers of Scotland. The response was that there is 'no need for rectification.'

Is there any mechanism by which the Register can be altered? There are old whin stones on the boundary and old iron posts where fences were erected previously.

maggiemight Tue 18-Feb-14 20:55:03

Find out when the council meeting is which will decide this and make sure you get written info in to them well before this.

I'm no expert but I would think it will be hard to rescind once council have approved.
This website has info

it sounds like it depends what the deeds showed when the properties were purchased ie old records might be wrong.

Bilberry Wed 19-Feb-14 21:38:25

I think planning permission and ownership of land are separate issues. I don't think you need to own land to get planning permission on it. Of course, you couldn't do a lot with the planning permission until you did own the land. There must be some mechanism to raise a complaint or to query an incorrect entry in the land registry. What did the lawyer say?

hoboken Thu 20-Feb-14 05:53:59

Thank you for your responses. The lawyer agreed (see above) but the registry refuses to change the entry, even after being asked by the lawyer.

maggiemight Thu 20-Feb-14 14:31:03

But what gives them that right. It could be that a certain amount of time has passed but seems strange.

I would give them a ring, have all the info with you, surely your solicitor queried?

My neighbor had to move a wooden garage which must have been there 15 years as it crossed the boundary to neighbour's land, this came up when the property was sold. That was about 3 yrs ago, or less.

I am an awkward individual and I would fill in the forms which were on the website and copy them all to the planning department and the Registery. explaining the erro in the mapping which you hope to have corrected - and buy some time.

The planning dept where I live just want an easy life (prob as v overworked) and will not go chasing up the Land Registry, planning have to tick lots of boxes and then when the applicant has presented all the relevant material tick the Planning Approved box. You have to do the work if that isn't to happen, planning aren't interested.

Also what is said above is true, planning permission can be granted on land you don't own.

I would def want to know why a mistake can't be corrected. You don't have to be argumentative with anyone, just say there is a legal issue you need to sort out with the land registry.

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