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Land Registration etc. (Scotland) Act 2012
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Land Registration etc. (Scotland) Act 2012, Section 90 is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 90:
- s. 48A 48B and cross-heading inserted by 2016 asp 18 s. 43(2)
- s. 116(3)(ba)(bb) inserted by 2016 asp 18 s. 43(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 48A 48B and cross-heading inserted by 2016 asp 18 s. 43(2)
- s. 116(3)(ba)(bb) inserted by 2016 asp 18 s. 43(3)
90Grant of servitude by person not proprietorS
This section has no associated Explanatory Notes
(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 create a servitude, with the land as the burdened property.
(2)The servitude is created provided that the conditions mentioned in subsection (3) are met.
(3)The conditions are that—
(a)the land has been in the possession of A, openly, peaceably and without judicial interruption, for a continuous period of at least 1 year,
(b)at no time during that period did the Keeper become aware that the register was inaccurate as a result of A not being the proprietor,
(c)the proprietor of what is to be the benefited property is in good faith,
(d)at no time during the period mentioned in paragraph (a) was the title sheet subject, by virtue of section 67, to a caveat relevant to the creation of the servitude, and
(e)the Keeper warrants (or is to be taken to warrant) A's title.
(4)The date on which the servitude is created by virtue of subsection (2) is—
(a)where subsection (5) applies, the date of registration,
(b)where subsection (6) applies, the date on which the period mentioned in that subsection expires.
(5)This subsection applies where, as at the date of registration, the land has been in the possession of A, openly, peaceably and without judicial interruption, for a continuous period of at least 1 year.
(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, does not expire until a date later than the date of registration.
(7)This section is subject to section 75 of the Title Conditions (Scotland) Act 2003 (asp 9) (creation of positive servitude by writing: deed to be registered).
Commencement Information
I1S. 90 in force at 8.12.2014 by S.S.I. 2014/127, art. 2
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