Agenda item

Consider report by the Service Director Regulatory Services.  (Copy attached.)

There had been circulated copies of a report by the Service Director Regulatory Services, updating Members on the progress of work being undertaken by Legal Services in relation to the property at 10 South Street, Duns.  The report detailed the recent communications with the Queens and Lord Treasurer's Remembrancer (QLTR) in respect of ascertaining title to the said property and highlighted risks involved with the subjects.  The report gave the background to this property and explained how the Council had reached the current position.  The QLTR had instructed Scottish Borders Council to carry out a number of steps to establish the provenance of the title to these subjects.  None of the searches had been successful and as a result, the QLTR had now confirmed that she considered the subjects "ownerless", despite Duns Common Good Fund's usage over the past 75 years.  In effect, this meant that the Council could not formalise title to the subjects and could not, therefore, make arrangements to sell the property.  The QLTR advised that she was willing to take over the subjects with a view to selling them for the Crown.  No proceeds would pass to the Common Good Fund and there were conditions attached to this offer, one of which was that the Council or Common Good Fund would be responsible for the cost of a survey of the property.  It was noted that the cost of such a survey would be repaid to either the Council or the Common Good Fund on the sale of the property.  It was noted that the QLTR had stated her preference to act with the agreement of all involved parties and would be reluctant to take title to the subjects unless the community and the Common Good Fund were in agreement with this course of action.  Discussion followed and Mrs MacLeod responded to questions from Members.  The QLTR's decision was made under new legislation and there was no recourse to reclaim any money that the Common Good Fund had already spent on the property at 10 South Street.  Mrs MacLeod explained that there was a gap in the records for the property and it was during that gap that ownership changed, leaving no evidence of title.  It was possible that the QLTR could decide not to take over the property.  Her decision would be based on the survey she received and it was noted that, should she decide not to take over the property, the expectation was that the Council would then be permitted to record title.  Mrs MacLeod stated that she would seek confirmation from the QLTR on this point.  Mrs MacLeod would also liaise with Mr James Morison in Estates to ascertain what previous surveys had been carried out and it was agreed that the most recent document would be offered to the QLTR at this stage.  Members were aware that the QLTR could request that either an updated survey was provided or that a new survey was carried out prior to any decision being reached.  Further discussion followed regarding the physical state of the property and whether it would be necessary for Enforcement measures to be used in order to make the property safe.

DECISION

(a)     NOTED the report.

(b)     AGREED that Legal Services :-

          (i)      would be instructed to accept the Queens and Lord Treasurer's Remembrancer's offer to take title of the subjects known as 10 South Street, Duns; and

          (ii)     would offer the Queens and Lord Treasurer's Remembrancer the most recent survey of the property at 10 South Street, Duns; or

          (iii)    that an updated survey of the property at 10 South Street, Duns be provided to the Queens and Lord Treasurer's Remembrancer should this be required; or

          (iv)    thata new survey of the property at 10 South Street, Duns be provided to the Queens and Lord Treasurer's Remembrancer should this be required.