Do You Own Your Highland Titles Land Plot? No .... Again

Another blog giving well informed opinion that the buyers of land plots from Highland Titles do not own them in any meaningful sense. This time by Paul Cruikshank a Law and Politics Graduate from Glasgow University @PAShanky

https://pashanky.wordpress.com/2015/02/28/highland-lack-of-titles/

"As we’ve said, the right of ownership is a real right. A contract can only give the right to ownership – a personal right of ownership does not exist under Scots Law. This has been confirmed in court [Burnett’s Trustees v Grainger being the leading authority on the matter]. Even if it did, what good would it do? If a personal right can only be enforced in relation to a certain group of people, how can this really be called ownership?"

"If I have a personal right of ownership against Highland Titles (which is the most I can possibly have under a contract of sale), what happens if someone else tries to move in on my square foot?  I don’t have any rights in relation to them – I’m not the ‘real’ owner. I’d be screwed."

"So what are Highland Titles actually selling? It’s fair to conclude that Highland Titles aren’t selling land. They can’t be selling a “personal right to ownership” in a square foot of Highland ground, because such a right does not exist. There can only be a ‘real right’ of ownership and they’re selling me a title which cannot be registered in the Land Register, and (as I hope is clear by now) what the Land Register says goes – so I can never get the “real right of ownership”. At most, Highland Titles are selling a right to potentially sue them for £30 at some point in the future."

Further Informed reading on the same subject

 http://nearlylegal.co.uk/blog/2015/02/naughty-step-low-road-edition/

http://www.scotslawblog.com/scots-law/scots-property-law-souvenir-plot-ownership-social-media-best/

https://basedrones.wordpress.com/2015/02/12/highland-titles-scam/

http://www.andywightman.com/archives/4152

https://loveandgarbage.wordpress.com/2015/02/25/what-is-the-difference-between-real-rights-and-personal-rights-an-introduction-for-non-lawyers/

https://loveandgarbage.wordpress.com/2015/02/12/i-cant-believe-its-not-ownership-or-the-curious-tale-of-highland-titles-selling/

https://loveandgarbage.wordpress.com/2015/02/25/some-frequently-asked-questions-on-ownership-of-land-in-scotland-and-souvenir-plots/

https://loveandgarbage.wordpress.com/2015/02/15/more-on-highland-titles-can-you-be-a-laird/

Council Of Scottish Clans And Associations Are Not Highland Titles Fans Either

The USA Council Of Scottish Clans And Associations have also recently made their feelings on Highland Titles quite clear, I don't think they are very impressed.

https://www.cosca.scot/02/highland-titles-hopefully-gone-and-soon-forgotten/

"Highland Titles: Built On Deception & Stolen Heritage Hopefully Soon Gone And Easily Forgotten"

"The entire scheme of selling wee plots of ground in Scotland to buyers who then entitle themselves with really offensive monikers such as Laird and Lady of Glencoe has been found to be faulty and open to unraveling."

"The people selling the wee plots (1′ x 1′ – you get the picture) are very simply con men, and not the particularly affable lovable types either."

Highland Titles Scam In The Daily Record

The Daily Record picked up on the recent Twitter storm and ran their own story, which is available online.

http://www.dailyrecord.co.uk/news/scottish-news/revealed-highland-laird-wannabes-fooled-5201846

The Record calls it a "scheme" but there is little doubt about their opinion of the reality of Highland Titles' "plot sales".

"But thousands of people taken in by the scheme have actually bought nothing, the Record can reveal."

"Top property lawyers and the government agency responsible for keeping a record of land ownership have flatly denied that any land changes hands in the so-called “souvenir plot” deals."

I hardly think Highland Titles will be adding that to their press cuttings links!

Highland Titles Scam Exposed On Twitter By Real Lawyers

If you missed it, over the last couple of weeks there has been a Twitter storm where real lawyers and legal scholars challenged the claims made by Highland Titles. The main points of contention were whether or not buyers of Highland Titles souvenir land plots actually owned them, and whether or not buyers gained a title.

In the unanimous opinion of the lawyers and legal scholars, buyers do not own the souvenir plots sold by Highland Titles, nor do they gain any titles.

There is little point in me explaining the arguments as several others have already done so. I'll provide links to articles written by the lawyers and scholars involved and let them explain in their own words.

The unfolding Twitter events as related on The Scots Law Blog:
http://www.scotslawblog.com/scots-law/scots-property-law-souvenir-plot-ownership-social-media-best/

The unfolding Twitter argument as told by @MalcolmCombe. Malcolm Combe is a lecturer in law at the University of Aberdeen and adviser to the Land Reform Review Group.
https://storify.com/MalcolmCombe/buy-land-in-scotland-style-yourself-as-lord-or-lad

Article on the realities of land ownership in Scotland by @NearlyLegal - Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors.
http://nearlylegal.co.uk/blog/2015/02/naughty-step-low-road-edition/

Article on the realities of land ownership in Scotland by Scottish lawyer @loveandgarbage.
https://loveandgarbage.wordpress.com/2015/02/12/i-cant-believe-its-not-ownership-or-the-curious-tale-of-highland-titles-selling/

Article describing why you won't be a Laird by buying a land plot from Highland Titles by Scottish lawyer @loveandgarbage
https://loveandgarbage.wordpress.com/2015/02/12/i-cant-believe-its-not-ownership-or-the-curious-tale-of-highland-titles-selling/

Highland Titles land sales demolished on Twitter as ‘legal bollocks’ on Commonspace.
https://commonspace.scot/articles/314/highland-titles-land-sales-demolished-on-twitter-as-legal-bollocks

If you bought a souvenir land plot in Scotland from Highland Titles and thought you actually ever owned it or gained any kind of title, isn't it about time you demanded your money back?