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Land Registration etc. (Scotland) Act 2012

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This is the original version (as it was originally enacted).

Ownership

86Acquisition from disponer without valid title

(1)This section applies where a person (“A”), who is not the proprietor of a registered plot of land but—

(a)is entered in the proprietorship section of the title sheet as proprietor, and

(b)is in possession of the land,

purports to dispone the land.

(2)The disponee (“B”) acquires ownership of the land provided that the conditions in subsection (3) are met.

(3)The conditions are that—

(a)the land has been in the possession, openly, peaceably and without judicial interruption—

(i)of A for a continuous period of at least 1 year, or

(ii)of A and then of B for periods which together constitute such a period,

(b)at no time during that period did the Keeper become aware that the register was inaccurate as a result of A (or B) not being the proprietor,

(c)B is in good faith,

(d)the disposition would have conferred ownership on B had A been proprietor when the land was disponed,

(e)at no time during the period mentioned in paragraph (a)—

(i)was the title sheet subject, by virtue of section 67, to a caveat relevant to the acquisition by B,

(ii)did the title sheet contain a statement under section 30(5), and

(f)the Keeper warrants (or is to be taken to warrant) A’s title.

(4)The date on which ownership is acquired by virtue of subsection (2) is—

(a)where subsection (5) applies, the date on which the disposition is registered,

(b)where subsection (6) applies, the date on which the period of possession mentioned in that subsection expires.

(5)This subsection applies where, as at the date of registration, the land has been in the possession, openly, peaceably and without judicial interruption—

(a)of A for a continuous period of at least 1 year, or

(b)of A and then of B for periods which together constitute such a period.

(6)This subsection applies where there is a continuous period of possession such as is mentioned in subsection (5) but that period, though it commences before registration on the application of B, does not expire until a date later than the date of registration.

87Acquisition from representative of disponer without valid title

(1)Section 86 also applies where a person (“P”), who is not entered in the proprietorship section of the title sheet as proprietor but who would have power to dispone the land—

(a)were A the proprietor, or

(b)(where A has died) had A been the proprietor,

purports to dispone it.

(2)For the purposes of section 86, possession of the plot of land by P is to be treated as if it were possession of the land by A.

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