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Land Registration etc. (Scotland) Act 2012

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This is the original version (as it was originally enacted).

Duty to take reasonable care

111Duties of certain persons

(1)A person mentioned in subsection (2) must take reasonable care to ensure that the Keeper does not inadvertently make the register inaccurate as a result of a change made in consequence of the grant mentioned in that subsection.

(2)The persons are—

(a)a person granting a deed intended to be registered,

(b)a person who, in connection with the grant, acts as a solicitor or other legal adviser to the granter.

(3)A person mentioned in subsection (4) must take reasonable care to ensure that the Keeper does not inadvertently make the register inaccurate as a result of a change made in consequence of the application mentioned in that subsection.

(4)The persons are—

(a)a person making an application for registration,

(b)a person who, in connection with the application, acts as a solicitor or other legal adviser to the applicant.

(5)The Keeper is entitled to be compensated by a person in breach of the duty under subsection (1) or (3) for any loss suffered as a consequence of that breach.

(6)But a person has no liability under subsection (5) in so far as—

(a)the Keeper’s loss could have been avoided by the Keeper taking certain measures which it would have been reasonable for the Keeper to take, or

(b)the Keeper’s loss is too remote.

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