Agenda item

Consider a briefing note by the Managing Solicitor (Copy attached).

There had been circulated a briefing note by the Managing Solicitor regarding ownership of Hornshole.  In summary, the Hornshole memorial was erected in 1901 on land gifted by Captain Palmer-Douglas.  SBC had been responsible for maintenance of the Memorial and the surrounding land since November 1936.  However, there were no records to show that ownership of the land was transferred to the Council and as such it probably remained with the successors of the Palmer-Douglas family. A title search could be carried out to establish the ownership of the land which would cost in the region of £400 to £500.  If this identified the current owner then an approach could be made to them with a view to having the title conveyed to SBC.  Further costs would be incurred in meeting legal fees in connection with the transferring of title.  In the event that the current owner could not be identified then SBC could grant a title in favour of itself by way of “non Domino Disposition”.  The Sub-Committee could make a decision to purchase or acquire the land.  If the value exceeded £20,000 the decision had to be made by Council.   Mr Kirk advised that following the abolition of Burghs in 1975, the Common Good could not legally hold title to any property, therefore SBC would have to take ownership and then assign to Hawick Common Good.   Councillor McAteer, circulated at the meeting, a briefing note advising that proposals from the Boundary Commission for Scotland had highlighted that Hornshole would be included in the new Jedburgh ward which was of concern to Hawick residents.  Archive records had been examined and no trace of transfer of ownership had been found.  There was also no trace of a legal record of Hawick Town Council owning the land.   There was  reference to Hawick Town Council taking custody of the memorial on 10 November 1936 and their successors had been responsible for maintenance of the site thereafter.   A relative of the Palmer-Douglas family had been engaged and supported the action to safeguard the site for future generations.  Owners of land bordering the site had also confirmed that the site was not part of their title deeds.   Members discussed the report and requested officers identify the title of the land and report back to the next meeting. 

MOTION

Councillor McAteer, seconded by Councillor Marshall, moved that solicitors be instructed to proceed to secure title and ownership of the recognised ‘Hornshole’ land.  That this ownership to be in the name of Scottish Borders Council and assigned to Hawick Common Good and secured for future generations of Hawick residents.

Councillor Paterson proposed that the Sub-Committee did not proceed with securing title for Hornshole but received no seconder.  

Councillor Smith, moved as an amendment to Councillor McAteer’s motion that officers proceed to identify title and then report back to the next meeting of the Sub-Committee.

Councillor McAteer agreed the amendment to his motion. 

DECISION

AGREED to request officers proceed to identify title of Hornshole and report back to the next meeting of Hawick Common Good Fund Sub-Committee.