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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Seller says my title deeds are wrong and wants land back! (Scotland)

20 replies

ThisBabyIsAnOctopus · 10/04/2018 09:28

Has anyone any advice? Can he amend my title deeds to take land back? It's an area of approx 75sq meters and he says the land registry has made a mistake. I'm a bit worried as to what this means - and might cost?! And if it's not my mistake do I still have to pay for my solicitors to sign off on any amended title deeds? Help! Very stressed about this so any advice appreciated.

OP posts:

TwitterQueen1 · 10/04/2018 09:31

You need to talk to a solicitor. AFAIK he cannot amend the deeds - that would need to be done by the Land Registry and he would need to liaise with them over the matter, although if you now own the land I don't see how he could do as he is not longer the legal owner....

Original poster

ThisBabyIsAnOctopus · 10/04/2018 09:34

Thanks TQ! Sorry I probably didn't mean amend my deeds - I think he's planning to contact land registry and say there's a mistake with my boundary. He does want to get the land back. Do you know what happens at the land registry in circumstance like this?

OP posts:

SilverGiraffe7 · 10/04/2018 09:34

Did you buy thinking that piece of land was going to be yours? I'd think if it wasn't clearly excluded from the sale then he doesn't have a leg to stand on..

Original poster

ThisBabyIsAnOctopus · 10/04/2018 09:42

We were a house build/croft on a farmland development - he has old plans from over 10years ago which our build was based on - which don't include that strip of land - but other details on those plans differ too (eg fence lines don't match boundary) so whilst I wasn't specifically expecting to own that piece of land I knew that our final land ownage (as it were) was going to differ slightly from those plans.
We own 1.1ha and I think there was some requirement for us to be over 1ha to meet planning obligations or crofting requirements or something.... not sure if that has anything to do with anything.
He's really kicking off about it and stressing me out....

OP posts:

cloudtree · 10/04/2018 09:48

Goodness, how can he even tell without doing a survey. 75square metres is tiny in the context of 1.1ha. Is it a very specific identifiable strip?

TheCrowFromBelow · 10/04/2018 09:48

i would go back to the solicitor who handled your sale as a starting point.

Original poster

ThisBabyIsAnOctopus · 10/04/2018 09:57

It was me that pointed out I had ownership of that strip as he had started to develop it :-D It didn't go down too well......

I'm totally skint (on mat leave) and worried about how much it'll cost for solicitor to sort out -honestly right now we can't afford it.

I actually don't care too much on one hand as, as you say it's tiny in relation to the rest but it's the principle of it to be honest - we own it, so I'm quite within my rights to stop anyone else from using it!

OP posts:

cloudtree · 10/04/2018 10:01

Just cordon it off and make are he doesn't have access and then let him go to the land registry. They clearly won't just change it without your consent. If he wants to go to the time and cost of getting surveyors and solicitors on the case then let him. ultimately you will probably also need a solicitor though if he's going to pursue it.

TwitterQueen1 · 10/04/2018 10:06

If the land is yours on the Title Deeds you have, it's yours. He can't just say it was a mistake.

Any 'mistakes' should have been picked up by him before the sale went through.

Original poster

ThisBabyIsAnOctopus · 10/04/2018 10:07

Thank you cloudtree.

OP posts:

Original poster

ThisBabyIsAnOctopus · 10/04/2018 10:08

...and TQ

OP posts:

ItWillAllBeOkayInTheEnd · 10/04/2018 10:11

Land registration is a guarantee of ownership. If there's been a mistake, the land register are obliged to compensate, I believe. I understand they seem to be quite reluctant to admit mistakes.
Can you call the solicitor who arranged your purchase? I doubt it would cost much, if anything, for a quick query. If you ask them to examine deeds they'll likely charge you though.

snewsname · 10/04/2018 10:14

Is it worth falling out with a neighbour if you're not actually bothered and it's a case of confusing deeds and genuine error?
You may well win but is it worth it?

Can you offer to sell it back to him for a reasonable price?

Overcooked · 10/04/2018 10:15

Land Reg title deeds are king so if you have relied upon those then you are certainly not in the wrong. You need to ensure that he doesn't try and take ownership of the land and then HE needs to take matters up with the Land Reg. It sounds like he has made a mistake and doesn't want to admit it.

Original poster

ThisBabyIsAnOctopus · 10/04/2018 10:20

Thanks all - much appreciated.

Itwillbeok - that's reassuring, thank you

snewsname - totally agree, but this strip is useful for us to access our top field and it's preferable for us to have the fencing/development he's currently undertaking as far from us as possible.

OP posts:

user1487194234 · 10/04/2018 10:34

As you have registered title that gives you a great deal of protection
Up to him to go to the Registers of Scotland and say they have made a mistake
They do make mistakes but they will compensate you for any land lost
Ideally speak to the solicitor who acted in your purchase
I wouldn't charge for having a quick look at it in these circumstances
But if you really don't want to I think that's ok,it is your neighbour who has to do the running
You could try speaking to the Registers of Scotland yourself
I have heard they are quite helpful with enquiries from members of the public

AnoiaUnstickMyDrawers · 11/04/2018 08:56

Do you have legal cover as part of your home insurance? It's pretty standard and intended for exactly this sort of situation.

peridito · 11/04/2018 09:39

OP I don't think you have much to worry about re rights to the land but ...honestly I'd see if there's any way in which you can talk/compromise with your neighbour .

Could you retain enough to give you access and sell him a narrow strip for his fence ? At the least talk to him and explain your reasons for not wanting to give up the area .

Good /workable neighbour relations are priceless .

Original poster

ThisBabyIsAnOctopus · 11/04/2018 12:16

Thanks all - your replies have helped me put my mind to rest. For now he has agreed to erect his fence according to the correct boundary. And I suspect he will separately go to land registry (he was adamant he was getting his land back). Actually hilarious in retrospect as he owns pretty much all the land around as far as the eye can see - this tiny strip makes no difference to him and his plans!!

Fully agree re neighbour relations - I made the point that I wasn't falling out with him over it and if he demonstrates that this is a mistake etc we will amend.

Thanks again - mumsnet at it's best :-D

OP posts:

peridito · 11/04/2018 12:45

he owns pretty much all the land around as far as the eye can see - this tiny strip makes no difference to him and his plans!!

There's a surprise .I find that it's often those who have most who want more and/or resent others making an acquistion .

No doubt explains how they've ended up with so much !

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