Land Registration requires that any issues which may have been mutually acceptable during previous transactions have now to be properly investigated. This can range from boundary problems to rights of access.
Boundaries
You may notice on your own examination of titles, or it may take until a P16 Report is received before you find out that there is a problem with the extent of the recorded title. One of the most common problems is that a garage or extension has been partly erected on ground that lies outwith the original boundary of the property. The Keeper will exclude indemnity from this area, so you will not be able to produce a clear Land Certificate. Landownership Scotland can search against the adjoining ground to identify the owner and try to find a contact.
Servitudes
Another common problem concerns servitude rights of access to the property. Although there may be a right of access noted in the deeds, very often the Keeper or the solicitor acting for the purchaser requires to ascertain the ownership of the solum of an access road. Landownership Scotland can search against the access road and find out not only who owns it, but also check for other parties with rights of access over the road and maintenance obligations.
Missing Titles
Sometimes the titles to properties have been mislaid, either in whole or in part. Landownership Scotland can search for the titles and provide a prescriptive progress of deeds, along with outstanding Securities and writs referred to for burdens.
Minerals and Burdens
Very often, examination of titles reveals minerals reservation or other burdens restrictive to the purchaser. Landownership Scotland can find the owner of the minerals or the person able to alter the conditions in a deed.
Other Problems
Registration of Title throws up many problems, some more easily solved than others. If you have a problem, call Landownership Scotland for advice, which will be free unless official dues are incurred. Ann Farmer has been dealing with the Land Register since 1991, which is a far longer time than most other searchers, so she has encountered most problems before.
