Legal Services - Frequently Asked Questions

Why do I have to pay the Council's legal fees and why are they so expensive?

In commercial transactions, usually industrial leases and sale of ground, the other side can be asked to meet the council's legal costs and traditionally always feel the cost are too high.  In line with standard commercial practice the council should be entitled to recover costs from incoming tenants / purchasers and the council's fees are reasonable as set against those in private practice.

Who owns a particular area of ground or can the council assist in resolving a property dispute between parties?

Many people believe the council can provide general advice about land ownership in the Moray area when in reality our records relate to the Councils' land holding only.  We also cannot become involved in disputes between adjoining proprietors where the Council has no title interest as that is a private matter.

What is the present position in my council house sale purchase or can you give me advice on?

Despite having their own solicitors many parties feel the Council solicitors should give them advice in any ongoing transaction.  This is not the case as the Council solicitors provide advice and assistance to protect the Council's interest in any legal transaction.

Is this a Right of Way and what will you do to protect it?

The Council's Environmental Protection Section have officers dedicated to dealing with Rights of Way and access issues and we try and direct queries to them as they have the expertise and resources to more fully investigate such issues.