Boundary Disputes and Servitude Rights: What Rural Landowners Need to Know

Boundary issues and rights of access (called servitudes in law) are some of the most common disputes affecting rural land in Scotland. Whether you manage farmland, woodland, an estate, or an equestrian property, understanding your boundaries and access rights, and knowing how to prevent or resolve disputes, can save you time, money, and stress.

Ownership and boundaries

Disputes can arise when neighbours disagree about ownership. The first step is usually to review your deeds, check any conditions or servitudes affecting the land, and look for evidence of an agreed boundary, such as a long-established fence line.

If your property is registered on the map-based register held by Registers of Scotland, this is generally straightforward. The registered property map shows every registered property, and in most cases can be relied on to show where your boundaries are.

However, in rural Scotland, many properties remain unregistered or are described in older deeds as “the lands and estate of”, a proprietor of “the farm of”, often without a plan. These general descriptions mean the deeds alone may not be enough to identify the exact boundary. Where this happens, other evidence can help. Long-standing occupation, the shape of the land, fences or walls, and natural features such as hedges or ditches can all indicate the true boundary. Even when a plan exists, it may not match the land on the ground – boundaries can shift over time, especially where they follow natural features.

If agreement cannot be reached, the matter may need to be resolved through negotiation, or, in some cases, by the Scottish Land Court.

For rural landowners, keeping deeds and plans up to date and maintaining clear physical boundaries can prevent many disputes.

Servitude rights – access and use of neighbouring land

A servitude is a legal right allowing one property to use another in a specific way. Common examples in rural Scotland include:

• Access over a track or farm road
• Rights to lay or maintain pipes, cables, or drainage
• Rights to take water

Servitudes may be created in a deed, or acquired through use over a period of time, where a right has been exercised openly for at least 20 years.

The rules governing servitudes are mainly in the Title Conditions (Scotland) Act 2003. The Act explains how servitudes are created, varied, or ended. In practice, servitudes should be created by express grant and be registered in the Land Register against both the benefited property (the property which benefits from the right) and the burdened property (the property that carries the obligation).

It is important to note that just because a track has been used for many years, it doesn’t automatically create a legally enforceable right. Long use may support a claim by prescription, but the legal requirements are strict and disputes often arise when historic use is informal or poorly documented, particularly when ownership changes.

Recording access rights formally and keeping evidence of use helps protect your land and prevent disagreements.

Resolving disputes

Disagreements over boundaries or access can be stressful, particularly in rural areas where land use affects daily operations. Early engagement between neighbours, supported by legal and survey advice, can prevent disputes from escalating. Agreements on boundaries or rights, or minor adjustments, often resolve matters more quickly and cheaply than formal proceedings.

Where a negotiated solution is not possible, formal resolution may be needed. Depending on the issue, this may involve the Lands Tribunal for Scotland or the Scottish Land Court. These specialist bodies can interpret deeds, determine boundaries, and decide on the scope or existence of servitude rights.

Acting early and getting professional advice can save time, cost, and stress if disagreements arise.

Land reform – what’s changing?

Scotland’s land law continues to evolve. The Land Reform (Scotland) Act 2025 focuses on transparency of large landholdings, community engagement, and land management obligations.

For rural landowners, the Act does not introduce major changes to boundaries or servitude rights. The Title Conditions (Scotland) Act 2003 remains the primary framework. However, the broader focus on community involvement and land management may influence how access, development, or land use are approached over time, especially on larger estates.

Understanding the wider land reform context can help you plan and manage your property proactively.

What this means for you

Clarity is key. Make sure your deeds and plans match what’s on the ground and ensure any access or servitude rights are properly documented. Keep a record of long-used tracks or rights of way.

Early advice is invaluable. Whether buying or selling land, granting access rights, developing your property, or responding to a neighbour’s challenge, understanding your legal position from the outset helps prevent delays, costs, and uncertainty.

How we can help

Our Rural Property team at Anderson Strathern regularly advises on boundary disputes, servitude rights, and negotiated solutions for rural clients across Scotland. If you have questions about a boundary or access issue affecting your land, our rural law specialists are here to help.