Property Disputes in Scotland: Resolving Boundary and Ownership Issues

Property ownership can be one of the most rewarding investments, but it can also be one of the most challenging aspects of your personal life, particular where disputes arise. These often cause extreme stress and uncertainty whilst they are being resolved. In Scotland, property disputes generally fall into two broad categories: boundary issues and ownership/maintenance obligation conflicts. This article provides an overview of these disputes, explains the legal framework, and offers practical advice on resolving them.

Common Causes of Property Disputes

• Boundary Disputes
  Boundary disputes occur when neighbouring property owners disagree on where the boundary lies. For example:
  • A fence or wall may have been erected in the wrong place.
  • One party may claim ownership of a strip of land, such as a driveway or garden.

• Ownership/maintenance obligation Conflicts
  Ownership disputes typically arise in cases such as:
  • Disagreements over the extent of shared areas in tenements or shared driveways.
  • Competing claims to land based on inheritance or purchase errors.
  • Issues with adverse possession (known in Scotland as “positive prescription”), where someone claims ownership after long-term, uncontested use of land.
  • Disagreements over the parties’ obligations to contribute to common maintenance of the property, boundaries or block in some cases.
  • Disagreements over the need for a common repair in the first instance

 Understanding the Legal Framework in Scotland

• Boundaries and Title Deeds
  In Scotland, property boundaries are primarily defined by title deeds. These documents are registered with the Registers of Scotland and provide a legal description of the property, often accompanied by a map or plan. This becomes somewhat skewed when dealing with flatted properties as where the titles are silent, there statutory provisions that come into play to determine which owner acquires certain parts of the block.

• Land Registration
  The Land Register of Scotland hold and operate registers of property ownership and is the authoritative source for determining ownership questions. However, boundary disputes may still arise due to ambiguities in older deeds or inaccuracies in plans. The electronic Land Register offers a much clearer picture of physical boundary of title deeds which is why the Keeper of the Land Register of Scotland is encouraging members of the public who do not hold an electronic Land Registered title to apply for one, via Voluntary Registration.

• Positive Prescription
  Under Scots law, if someone registers a piece of land or property in their name, even though they have been unable to determine the true owner of the property and then possesses said land openly and continuously for 10 years without judicial interruption and in good faith, they may acquire ownership. This principle can lead to disputes over land that has been informally used by a neighbouring party and where ownership may not be clear from reading solely your own title deeds

 

Steps to Resolve Property Disputes 

• Review the Title Deeds
  The first step is to examine your title deeds and the Land Register to understand what your legal documents specify about your property. Engage a solicitor to interpret complex legal language or plans.

• Engage a Land Surveyor
  In cases of boundary disputes, a professional land surveyor can help by using precise measurements to identify where the boundary lies based on the title deeds.

• Open Communication
  Try to discuss the issue with the other party directly. Misunderstandings often arise from confusion about the legal boundaries, and a frank conversation may lead to a resolution.

• Mediation
  If direct discussions fail, consider mediation. This is a voluntary process where a neutral third party helps both sides reach an agreement. Mediation is quicker and less costly than going to court.

• Legal Advice and Formal Negotiation
  If mediation doesn’t work, consult a solicitor. A letter from a solicitor outlining your legal position can sometimes encourage the other party to settle.

• Court Proceedings
  As a last resort, disputes can be taken to court. In Scotland, property disputes are often heard in the Sheriff Court, though more complex cases may go to the Court of Session.
  • The court will rely on evidence such as title deeds, land surveys, and witness testimony to make a decision.
  • Be prepared for this to be a lengthy and costly process.

 

Practical Tips for Resolving Disputes 

• Act Quickly: Delay in addressing disputes can weaken your position, particularly if the other party begins to use or alter the land in question.

• Keep Records: Document everything—photos of the property, communications with the other party, and any agreements made.

• Stay Calm: Avoid escalating the situation unnecessarily. Maintaining a cordial approach can often lead to quicker resolutions.

• Seek Professional Help Early: Bringing in a solicitor or surveyor at an early stage can clarify issues before they spiral into a larger conflict.

 

Hypothetical Examples 

• The Overlapping Garden Fence
  Jane discovers her neighbour has built a new fence that encroaches on her garden by two metres. After reviewing her title deeds, she confirms the encroachment. She engages a surveyor to confirm the boundary and then consults a solicitor to send a letter asking for the fence to be moved. The neighbour agrees after seeing the evidence, avoiding the need for court action.

• Disputed Access Rights
  John and Sarah purchase a house with a shared driveway. Their neighbour starts blocking access, claiming they own the entire driveway. After reviewing the Land Register and consulting a solicitor, John and Sarah find that both properties have equal rights to the driveway. They attempt mediation, and the neighbour agrees to stop blocking access.

 

Useful Resources 

• Registers of Scotland
  The official body for land and property registration in Scotland. You can request copies of title deeds and boundary plans. Visit Registers of Scotland for more information.

• Royal Institution of Chartered Surveyors (RICS)
  RICS-accredited surveyors can provide expert advice on boundary issues and valuations.

• Scottish Mediation
  This organisation offers mediation services to help resolve disputes without going to court. Visit Scottish Mediation.

 

Conclusion

Property disputes can be challenging, but understanding your rights and the steps to resolve conflicts can make the process smoother. Start by reviewing your legal documents, seek professional advice when needed, and try to resolve disputes amicably. By acting promptly and staying informed, you can protect your property rights and avoid unnecessary stress.

If you’re facing a property dispute, don’t hesitate to consult a solicitor to guide you through the process.

If you have any questions related to your title deeds or the boundary for your property, please contact our experienced Residential Conveyancing Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.