Law Society Of Scotland Article On Buy A Title Souvenir Plots & Fake Titles

This article it taken from the official magazine of the Law Society Of Scotland, The Journal, 16 April 2012, something you might want to think about if you are considering buying land in Scotland as a souvenir plot.
http://www.journalonline.co.uk/Magazine/57-4/1011036.aspx#.UBG047Se58F

"Registers page: Clients seeking a "souvenir plot", perhaps believing it will confer the right to a particular title, should be warned that they may not get what they hope for.

by Registers of Scotland.

There have been a few articles in the media recently about companies who are selling off tiny pieces of land, known as “souvenir plots”, in the Highlands. Some websites suggest that ownership of the plot carries with it the right to use the title of laird, lord or lady.

Given that some websites claim that the Land Registration (Scotland) Act 1979 “removes the normal requirements to register your land… thus permitting the sale to take place under Contract Law”, the Keeper would like to clarify her position on the subject.

A souvenir plot is defined in the Land Registration (Scotland) Act 1979 as “a piece of land which, being of inconsiderable size or no practical utility, is unlikely to be wanted in isolation except for the sake of mere ownership or for sentimental reasons or commemorative purposes”.

The Keeper is required to reject an application for registration in the Land Register, if the land to which it relates meets the description of “souvenir plot”. However, the fact that the Keeper is obliged to reject registration does not necessarily mean that “ownership” can be obtained by some other means.

A real right of ownership in land (in the sense of a right that is enforceable against third parties) can only be obtained by registration in the Land Register or by recording a deed in the Register of Sasines as appropriate.

Solicitors who are consulted by a client in relation to the purchase of a potential souvenir plot should bear in mind that in some cases, the land in question might not be of “inconsiderable size”; in such cases, no exemption from registration applies.

No title with your title

The Court of the Lord Lyon commented: “Ownership of a souvenir plot of land does not bring with it the right to any description such as ‘laird’, ‘lord’ or ‘lady’. ‘Laird’ is not a title but a description applied by those living on and around the estate, many of whom will derive their living from it, to the principal landowner of a long-named area of land. It will, therefore, be seen that it is not a description which is appropriate for the owner of a normal residential property.

“It cannot properly be used to describe a person who owns a small part of a larger piece of land. The term ‘laird’ is not one recognisable by attachment to a personal name and thus there is no official recognition of ‘XY, Laird of Z’.

“The words ‘lord’ and ‘lady’ apply to those on whom a peerage has been confirmed and do not relate to the ownership of land.

“Ownership of a souvenir plot of land is not sufficient to bring a person otherwise ineligible within the jurisdiction of the Lord Lyon for seeking a coat of arms.”

Highland Titles Glencoe Estates Diamond Jubilee Wood Project At Keil Hill

Highland Titles Glencoe Estates claim to be planting a 60 acre 30,000 tree Diamond Jubilee Wood at Keil hill http://www.diamondjubileewood.com, and also claim that the Woodland Trust examined the site to give advice.

Quotes from their website

"and have been most appreciative of the advice given to us by the Woodland Trust** on the suitability of our proposed project"

"** Highland Titles acknowledges the valuable support given by the Woodland Trust during their visit to Keil Hill to inspect the site with us in 2011."

"Our plans have already been laid with the active support and expertise of various conservation bodies."

I was concerned about the suitability of the site for the planting of native Scottish species of trees, so I contacted the Woodland Trust to enquire as to whether they did conduct a site inspection and what the results of the inspection were. Below is the reply from Andrew Campbell, Senior Advice and Partnerships Manager for the Woodland Trust.

Dear xxxxx

Your e-mail has been passed to me for my attention.

We are aware of Highland Titles and their web-site regarding their Diamond Jubilee Wood.

I did visit the site in October 2011 following an enquiry by the owner about the suitability of the site as a Diamond Jubilee Wood as part of the Woodland Trust’s UK Jubilee Woods project.

We did not approve the site as a Diamond Jubilee wood candidate on the grounds of area (the possible planting areas identified as suitable for native tree species was less than our required 60 acres) and the limited people engagement opportunities during the establishment stage on the site.  Following us turning this Diamond Jubilee Woodland proposal down we have had no further correspondence with the owners or their local agent.

For clarification, we are not endorsing this site - this is a project entirely separate from our own Woodland Trust Jubilee Woods project.

With regards

Andrew Campbell
Senior Advice and Partnerships Manager

In this newsletter (*** see note at foot) Highland Titles claimed that they were in "partnership with the Jubilee Wood project for The Woodland Trust". This is clearly misleading as the Woodland Trust did not approve the project. Even though they were rejected as being unsuitable, they still claimed to be a part of the Woodland Trust Jubilee Wood project!

If Highland Titles Glencoe Estates are actually planting this wood on Keil Hill, they are doing so without advice given by the experts at the Woodland Trust.

Which must also bring into question the suitability of the site for all the other trees they claim to be planting. If the Woodland Trust could not find 60 acres suitable for the planting of native species of trees, where then are they planting the thousands of trees every year they are claiming?

Readers may also be interested in this blog post.

*** The text in this newsletter has been altered recently. I will put up a link to the original which I have a copy of when I find somewhere to put it and the time to put it there. Thanks to this forum thread for alerting me to this fact http://www.scots-titles.com/forum/fake-scots-titles-exposed-group3/scots-title-reseller-scams-forum12/scottish-highland-titles-no-longer-trading-thread6.52#postid-934

Original Highland Titles newsletter text reads:
"Highland Titles is proud to announce a new partnership with the Jubilee Wood project for the Woodland Trust"

Altered Highland Titles newsletter text reads:
"Highland Titles is proud to announce a new project; creating a Diamond Jubilee Wood with advice from the Woodland Trust"

UPDATE 26/08/2012

The text on the diamondjubileewood.com website has now also changed and so has the story. It now reads:

"Highland Titles acknowledges the valuable support given by the Woodland Trust during their visit to Keil Hill to inspect the site with us in 2011. The Woodland Trust confirmed that the land was entirely suitable for planting, but that as only 50 acres of the proposed new 60 acre wood would be newly planted (the other 10 acres being existing larch woodland and birch) we would not qualify to be included in their Diamond Woods scheme"

Andrew Campbell of the Woodland Trust denies having ever indicated that the land is suitable for planting, either in part or as a whole.

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I have a lot more evidence suggesting dishonest and unethical business practices by several souvenir plot / title vendors which I have not published.. If you are a bona fide journalist or Government department with an interest in investigating this business and would like access to that evidence, please get in touch with me by using the email address on the right or sending me a comment marked "confidential", I will not publish comments so marked

Highland Titles Glencoe Estates Nature Reserve Location

The location of the Highland Titles Glencoe Estates Nature Reserve that they said they acquired in 2011 seems to have moved! They changed their "we are green" web page to say that the land had merely been leased and that it is located at Ardsheal Hill. This lease is said to expire in 2012.

The original location text was given in this extract of their website taken on 03/07/2012.

"Fund raising in 2011 has enabled us to realise the dream of acquiring a 500 acre tract of land close to Glencoe Wood and wholly within the Glen Etive and Glen Fyne Special Protection Area"

And from an email enquiry the following directions were given to the site.

"The Nature Reserve is signed posted once you are in Glencoe Wood, it is basically across the stream on the opposite side to our plots within the Conservation area."

Now the location is given as Ardsheal Hill as per this extract from their website on 04/07/2012

"This protected area, known as the Highland Titles Nature Reserve, is a large predominantly upland site known as Ardsheal Hill"

Ardsheal Hill is approximately 5 miles from Highland Titles' original Glencoe Wood, so how one would access it from that Glencoe Wood by merely crossing a stream I have no idea!

How can the same bit of land be in two different places at the same time!!

It also appears that this land was merely leased, but I can find no reference to any work done on it during the lease term or what might have happened had they not leased it. Golden Eagles in this area were already protected in Scottish law by Scottish National Heritage via the Glen Etive And Glen Fyne Protection Area. There would seem therefore little point in leasing it to protect Golden Eagles, as they were already protected by law on the Ardsheal Hill site anyway.

I don't know about you, but I certainly think there is some deception going on here! Is anybody thinking the same as me that another Glencoe Wood might appear near Ardsheal Hill?