UKC

Hi folks,

Looking for some initial legal advice (and I know this doesn't replace proper advice which I will come to in time).

Our mountaineering club (Lomond MC) is being evicted from the hut we have resided in since the 70s. The hut is technically owned by the nearby Onich Hotel which has recently been taken over by new people who want to turn our hut into a bunkhouse for hillwalkers.

We have had paperwork in place to give us the hut since 1979. I am still to get the details of the paperwork, but it seems we had an initial 25 year "lease" and then a further 5 year lease and then a supposed "rolling lease" - but if the paperwork only stems from 1979 and none more recent then I dont know what paperwork covers this (I will this out soon).

They have so far refused an offer to purchase the hut from them, so now we can only look at other avenues. Under Scots Law do we have any rights to positive prescription of the land and property under the Land Registration Bill 2011 which states:

If the land has been occupied “peaceably, openly and without judicial interruption” for at least 10 years.

The last money and communication the hotel had with us on it was 12 years ago in 2002, and they took a nominal £50 from us.

Everything in the hut has been fitted by us, plumbing, septic tank, gas, and even the stairs and upstairs floor which provides the sleeping platform. The hut is surrounded by a walled boundary with its own small piece of land which we have completely maintained as well.

Can anyone give us some advice?

Thanks

Chris

In reply to Milesy:
Sorry to hear this Chris. I bumped into a few of your lot at the hut last summer, in bed at 1am and then back up at 5am to do an E3 on the Ben! Nice lads.

I'll ask around amongst property law friends/colleagues and see if anyone can give help. Perhaps the SMC might be able to point you in direction of someone who has dealt with similar situations in the past?

In reply to Milesy:
Not Scottish, but prescription in English law would only be relevant if you were occupying the land without the owner getting involved - that means not charging you or asking to leave, etc. Assuming it's the same principle, since you've got a lease it won't apply.

Try contacting a lawyer, you might get (a little) free advice before they start charging.

Bad luck, hope it works out for you!

In reply to thomasadixon:

Thanks folks. I might get in touch with SMC, and MCOfS as well.

In reply to Milesy:
>

If that was fiited (and paid for?) by you, can you take it all with you when you leave...

Sorry, but I have no useful advice! But good luck anyway.

In reply to Milesy:

Scots law is a bit different but in other jurisdictions in the UK it sounds like you'd have a fair shot at an adverse possession claim. Internet advice is however no advice in a case like this. Is your club affiliated to SMC or MCofS or some other body? They may have an arrangement with a firm of solicitors who they could recommend.

These cases can be costly.

In reply to M0nkey:

Really? It's like a tennent being evicted if its leased, even if its a nominal sum there was still a written agreement that it was for a fixed period and could be ended at that time.

To me it seems morally wrong that you could claim the property.

In reply to Milesy:

Sorry to hear this and I'm afraid I've no advice to offer apart from contacting the MCofS. I will ask our MC hut bods and legal eagles and if anything useful arises I'll pm it on. Keep us posted.

BTW I'd no idea your club had a hut there, do you rent it to other clubs or is it private?

In reply to Removed User:

Anyone who is a member of another club or mountaineering body can use it.

Going to try and canvas the local community and MPs as well as it's not just us that use it. It's a great wee located hut and has helped people visiting lochaber for a long time. Lot of memories of people alive as those who have passed.

Rich, it's not cost the hotel anything. It's a tiny outbuilding only big enough to kip in. We have looked after it for a long time and they have always been happy with that. All depends on the terms of this rolling lease thing.