Land ownership issues

The complexities of rural land ownership often bring to light issues and problems that are virtually unknown to those in urban areas.

As such, the importance of being familiar with your title cannot be overstated. When buying property with us, we will give you a full report on title, but what if your property has been in your family’s ownership for generations? At any stage of ownership, we will be happy to examine your title deeds and give you a full appraisal of not only the property rights you enjoy but also the rights that others may have in respect of your property. Typical examples include servitude rights for access or water supply in favour of third parties which may burden your property.

Unfortunately, title disputes – such as boundary issues and disputes concerning access rights – do arise. The case of Snowie v Stirling Council involved a contravention of the Land Reform (Scotland) Act 2003, brought about by something as simple as the landowner locking a publicly-used gate, whilst Gloag v Perth and Kinross Council involved an attempt to limit the extent of land subject to the right to roam for the purposes of ensuring privacy for the proprietor.

Such disputes can be protracted and expensive but are often avoidable if you seek advice promptly. We would be delighted to assist you in discussing any land management issues you may be facing. Fortunately, court action is still a rare occurrence but, if required, you can rely on the experience and knowledge of our Litigation team for assistance. Members of our Litigation team regularly appear before the Scottish Land Court and our planning team has vast experience in dealing with planning-related litigation.

Right to Buy

We act for both landlords and tenants in advising on the agricultural tenant’s right to buy contained in the Agricultural Holdings (Scotland) Act 2003, as well as those right to buy regimes existing under crofting legislation, and the community right to buy under the Land Reform (Scotland) Act 2003.

Our Agricultural & Rural Property team has solicitors with extensive experience in dealing with the full spectrum of right to buy legislation and would be happy to discuss any such issues with you.

Minerals

In Scotland, landowners own the minerals below their property unless reserved in terms of the title deeds to a third party or to the Crown.

In the event of minerals being reserved, care has to be taken to ensure the landowner is not unduly prejudiced by the potential for working those minerals.

Whether you are the landowner or the owner of the minerals, it is important to establish the extent of your rights and ensure these are not prejudiced by the actions of others.  We can help you with this.

Contact us:

Kenneth Mackay, Partner

telephone: 0131 247 1078

email: kenneth.mackay@morton-fraser.com

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