Part 8

Rectification of the register

Compensation in consequence of rectification

Rectification: compensation for certain expenses and losses
84
1
The Keeper must pay compensation for—
a
reimbursement of reasonable extra-judicial legal expenses incurred by a person in securing rectification of the register, and
b
any loss sustained by the person in consequence of the inaccuracy rectified.
2
A claimant is not required to exhaust other remedies before making a claim to such compensation.
3
Payment by the Keeper under this section does not extinguish any rights which the claimant may have against another person in respect of the loss compensated.
4
But it is a condition of any such payment that the claimant assigns any such rights to the Keeper.
5
Interest on a sum payable under this section runs from the date mentioned in subsection (6) until the sum in question is paid.
6
The date is—
a
where the sum is payable by virtue of subsection (1)(a), the date on which the claimant paid the sum in question,
b
where the sum is payable by virtue of subsection (1)(b), the date on which the loss was sustained.
7
The Scottish Ministers may by regulations make provision as to the rate of interest payable by virtue of subsection (5).

Rectification: circumstances where liability excluded
85
The Keeper has no liability to pay compensation under section 84—
a
if the inaccuracy is caused other than by a change made by the Keeper to a title sheet or the cadastral map,
b
if the inaccuracy is consequent on an error in the cadastral map and that error was made in reasonable reliance on the base map,
c
in so far as the inaccuracy is in an entry made on an application being accepted by virtue of section 43(1) or under section 43(5),
d
in so far as the inaccuracy is caused by some act or omission on the part of the claimant,
e
in so far as the claimant's loss could have been avoided by the claimant taking certain measures which it would have been reasonable for the claimant to take,
f
in so far as the connection between the claimant's loss and the inaccuracy is too remote, or
g
for non-patrimonial loss.
S. 84 in force at 8.12.2014 by S.S.I. 2014/127, art. 2
S. 85 in force at 8.12.2014 by S.S.I. 2014/127, art. 2