Thanks for the support of all those who have a claim of ownership to Island I Vow and, particularly, to those who provided explicit approval.
EVPF did basic due diligence to identify owners of Island I Vow as a part of the Scheduled Monument Consent (SMC) application process with Historic Scotland. In May of 2012 and again, as of July 18, 2014, the Registers of Scotland provided the following information about ownership on Island I Vow:
May 4, 2012 (Mr. Neil Welsh):
"It would appear from our records that there appears to be no clear owner of the island. There
are three titles recorded against the subjects known as IVOW Island."
"The three ‘competing title’ owners are Dennis Brian Squires, The Trustees of the Clan MacFarlane
Charitable Trust and Douglas Laurence McFarlane."
July 18, 2014 (Ms. Jane McCurley):
"There would appear to be three competing “a non domino” titles for Island I Vow and I
attach search sheets SSDMB48144, SSDMB48276 and SSDMB48036 (page 1&2)."
"All of the a non domino dispositions have been recorded in the Register of Sasines.
This register is simply a record of deeds. Whilst we indemnify Land Registered
titles, we do not indemnify Sasines Register titles and so, at this time, we
have not taken a view on whose claim is strongest."
"There are procedures at Registers of Scotland to allow an a non domino title holder,
who has sufficient evidence, to apply to become the “rightful” owner of the
title. However, this does not appear to have happened with the three titles in
question."
As part of the first SMC appliction process, EVPF notifed all three claimants of plans for preservation and survey work. Explicit permission and support were given by The Squires Family (for Dennis Brian Squires) and by the Trustees of the Clan MacFarlane Charitable Trust. Notification was given to Douglas Laurence McFarlane of Bo'Ness in wrtiing via his former solicitor and no objection was given by or for him within the designated period to do so.
EVPF has consistently indicated that it does not want to be involved in any way in the ownership dispute over Island I Vow and will continue to notify and work with all claimants consistent with Historic Scotland requirements.
We are very grateful for the support and approval to date of The Trustees of the Clan MacFarlane Charitable Trust and the The Squires Family and for no objection by Douglas McFarlane to proceed ... for the first and second Scheduled Monument Consent applications. The Clan MacFarlane Charitable Trust has publicly stated in general 2017 social media communications that it will not provide "approval" for further applications. EVPF doesn't understand the basis for this, but plans to proceed with further applications and, if approved by the governing Historic Environment Scotland, to proceed with work.
Explicit permission and support for owners of a Scheduled Ancient Monument helps expedite the approval process. EVPF will seek permission and support from all claimants for each SMC submitted ... consistent with the requirements of Historic Environment Scotland ... and will provide requisite notification, minimally, to the extent reasonably possible.
We welcome any factual information that can help us responsibly work with Historic Environment Scotland to preserve Elanvow and/or to keep related information here as accurate and complete as possible.
EVPF did basic due diligence to identify owners of Island I Vow as a part of the Scheduled Monument Consent (SMC) application process with Historic Scotland. In May of 2012 and again, as of July 18, 2014, the Registers of Scotland provided the following information about ownership on Island I Vow:
May 4, 2012 (Mr. Neil Welsh):
"It would appear from our records that there appears to be no clear owner of the island. There
are three titles recorded against the subjects known as IVOW Island."
"The three ‘competing title’ owners are Dennis Brian Squires, The Trustees of the Clan MacFarlane
Charitable Trust and Douglas Laurence McFarlane."
July 18, 2014 (Ms. Jane McCurley):
"There would appear to be three competing “a non domino” titles for Island I Vow and I
attach search sheets SSDMB48144, SSDMB48276 and SSDMB48036 (page 1&2)."
"All of the a non domino dispositions have been recorded in the Register of Sasines.
This register is simply a record of deeds. Whilst we indemnify Land Registered
titles, we do not indemnify Sasines Register titles and so, at this time, we
have not taken a view on whose claim is strongest."
"There are procedures at Registers of Scotland to allow an a non domino title holder,
who has sufficient evidence, to apply to become the “rightful” owner of the
title. However, this does not appear to have happened with the three titles in
question."
As part of the first SMC appliction process, EVPF notifed all three claimants of plans for preservation and survey work. Explicit permission and support were given by The Squires Family (for Dennis Brian Squires) and by the Trustees of the Clan MacFarlane Charitable Trust. Notification was given to Douglas Laurence McFarlane of Bo'Ness in wrtiing via his former solicitor and no objection was given by or for him within the designated period to do so.
EVPF has consistently indicated that it does not want to be involved in any way in the ownership dispute over Island I Vow and will continue to notify and work with all claimants consistent with Historic Scotland requirements.
We are very grateful for the support and approval to date of The Trustees of the Clan MacFarlane Charitable Trust and the The Squires Family and for no objection by Douglas McFarlane to proceed ... for the first and second Scheduled Monument Consent applications. The Clan MacFarlane Charitable Trust has publicly stated in general 2017 social media communications that it will not provide "approval" for further applications. EVPF doesn't understand the basis for this, but plans to proceed with further applications and, if approved by the governing Historic Environment Scotland, to proceed with work.
Explicit permission and support for owners of a Scheduled Ancient Monument helps expedite the approval process. EVPF will seek permission and support from all claimants for each SMC submitted ... consistent with the requirements of Historic Environment Scotland ... and will provide requisite notification, minimally, to the extent reasonably possible.
We welcome any factual information that can help us responsibly work with Historic Environment Scotland to preserve Elanvow and/or to keep related information here as accurate and complete as possible.