Neighbours title deeds differ

meg73 | 21:43 Wed 09th Dec 2009 | Law

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On the title deeds of our field (in 'Scotland) dated 1990 it states that the boundary on the east follows the line of the existing fence, which lies to the east of a burn, however our neighbours title deeds dated 1940 show the boundary as being the medium filum (middle of the burn). We want to take water from the burn approx 10% of the flow for a small scale hydro power scheme, however our neighbours say that they will need a share of the income generated. Whose title deeds should be followed and do our neighbours have any right to restrict the water we take or any claim on the income generated?

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