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Land Registration etc. (Scotland) Act 2012

Paragraph 18 - Prescription and Limitation (Scotland) Act 1973

306.Subparagraph (2) saves and consequently amends section 1 of the 1973 Act.

307.Subparagraph (3)(a) and (b) amend section 2 of the 1973 Act by adding references to registration in the Land Register.

308.Subparagraph (3)(c) updates the references in section 2 to section 3(3) of the 1979 Act. The new sections 20B and 20C of the 1857 Act replace section 3(3) in relation to leases.

309.Subparagraph (4) inserts a new section 1A into the 1973 Act clarifying the effect of prescription on a right which was previously void (as opposed to voidable).

310.Subparagraph (5) adds a reference to registration in the Land Register to the end of section 15(1) of the 1973 Act.

311.Subparagraphs (6) and (7) make changes to schedule 1 of the 1973 Act to implement the policy that the period of negative prescription should be five years for claims against the Keeper where the Register has been rectified in favour of the claimant and twenty years for claims against the Keeper arising out of breach of warranty or from the operation of the realignment principle.

312.Subparagraph (8) amends schedule 3 to the 1973 Act by adding the obligation of the Keeper to rectify an inaccuracy to the list of imprescriptible rights and obligations.

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