Scotland: title indemnity insurance for incorrect boundary
Would appreciate some advice for anyone who has experienced similar. I'm in the process of buying a house in rural Scotland. The plot is 1350m², however the current owners have 1450m² fenced in. Unfortunately, the 100m² section that technically doesn't belong to the land is a single triangular chunk at the back, with the legal boundary coming right up to the rear corner of the house. This land appears to be owned by either a local trust or the council, rather than a neighbour. Waiting on confirmation from solicitors.
Title indemnity insurance has been offered as a solution. Has anyone here gone down the indemnity insurance route for something like this?
I feel that would be kicking the can down the road rather than being a real solution. 100m² on a 1/3 of an acre isn't a massive reduction, but it is still significant. The biggest issues for me would be 1) the issue rearing its head if I ever come to sell the property. I know the insurance would carry over, but I imagine the fact that the title is defective would put off a lot of potential buyers in a part of the world which generally has quite low demand anyway, and 2) the new boundary would run right up against the house should it ever be enforced.
Wondering how much of a red flag this is and if I should just walk away should they not entertain corrective conveyancing. I'm not in any hurry to move.
Posted Aug 5, 2026, 1:29 PM UTC