Search Legislation

Land Registration etc. (Scotland) Act 2012

Changes over time for: Part 9

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

Land Registration etc. (Scotland) Act 2012, Part 9 is up to date with all changes known to be in force on or before 26 January 2021. 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

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):

Part 9SRights of persons acquiring etc. in good faith

OwnershipS

86Acquisition from disponer without valid titleS

(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.

Commencement Information

I1S. 86 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

87Acquisition from representative of disponer without valid titleS

(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.

Commencement Information

I2S. 87 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

LeasesS

88Acquisition from assigner without valid titleS

(1)This section applies where a person (“A”), who is not the tenant under a registered lease but—

(a)is shown in the title sheet as tenant, and

(b)is in possession of the subjects of the lease,

purports to assign the lease.

(2)The assignee (“B”) acquires the lease provided that the conditions in subsection (3) are met.

(3)The conditions are that—

(a)the subjects of the lease have 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 tenant,

(c)B is in good faith,

(d)the lease is extant,

(e)B would have acquired the lease had A been tenant when the lease was assigned,

(f)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 acquisition by B, and

(g)the Keeper warrants (or is to be taken to warrant) A's title.

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

(a)where subsection (5) applies, the date on which the deed of assignation 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 subjects of the lease have 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.

Commencement Information

I3S. 88 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

89Acquisition from representative of assigner without valid titleS

(1)Section 88 also applies where a person (“P”), who is not entered in the title sheet as tenant but who would have power to assign the lease—

(a)were A the tenant, or

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

purports to assign it.

(2)For the purposes of section 88, possession of the subjects of the lease by P is to be treated as if it were possession of the subjects by A.

Commencement Information

I4S. 89 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

ServitudesS

90Grant of servitude by person not proprietorS

(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

I5S. 90 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

Extinction of encumbrances etc.S

91Extinction of encumbrance when land disponedS

(1)Where the conditions mentioned in subsection (2) are met, a person (“A”) who acquires ownership of land on registration or on a later date by virtue of section 86(4)(b)—

(a)takes the land free of an encumbrance which is not entered in the title sheet as at the date on which A acquires ownership of the land, and

(b)any such encumbrance is extinguished.

(2)The conditions are that, as at the date on which ownership is acquired—

(a)A is in good faith, and

(b)the title sheet is not, by virtue of section 67, subject to a caveat relevant to such acquisition by A.

(3)Subsection (1) does not apply to an heritable security which is not entered in the securities section of a shared plot title sheet by virtue of section 18(3)(b).

(4)“Encumbrance” in subsection (1) does not include—

(a)a public right of way,

(b)a path delineated in an order under section 22 of the Land Reform (Scotland) Act 2003 (asp 2) (compulsory powers to delineate paths in land in respect of which access rights are exercisable),

(c)a servitude created other than under section 75(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

(d)a lease, or

(e)an encumbrance the creation of which does not require registration of the constitutive deed.

Commencement Information

I6S. 91 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

92Extinction of encumbrance when lease assignedS

(1)Where the conditions mentioned in subsection (2) are met, a person (“A”) who acquires a registered lease on registration or on a later date by virtue of section 88(4)(b)—

(a)takes that lease free of an encumbrance—

(i)of a kind mentioned in subsection (4), and

(ii)which is not entered in the title sheet as at the date on which A acquires the registered lease, and

(b)any such encumbrance is extinguished.

(2)The conditions are that, as at the date on which the lease is acquired—

(a)A is in good faith, and

(b)the title sheet is not, by virtue of section 67, subject to a caveat relevant to such acquisition by A.

(3)Subsection (1) does not apply to an heritable security which is not entered in the securities section of a shared lease title sheet by virtue of paragraph 8(b) of schedule 1.

(4)The encumbrances are—

(a)a heritable security over the lease,

(b)a title condition such as is mentioned in paragraph (d) or (e) of the definition of “title condition” in section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).

Commencement Information

I7S. 92 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

93Extinction of floating charge when land disponedS

A person who, in good faith, acquires ownership of land from another person (“A”), takes the land free of any floating charge which was granted by a predecessor in title of A.

Commencement Information

I8S. 93 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

Compensation in consequence of this PartS

94Compensation for loss incurred in consequence of this PartS

(1)The Keeper must pay compensation for loss incurred by a person mentioned in subsection (2).

(2)The person is one who—

(a)is deprived of a right by virtue of this Part, or

(b)is the proprietor of a property burdened by a servitude created by virtue of section 90.

(3)A claimant is not required to exhaust other remedies before making a claim to such compensation.

(4)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.

(5)But it is a condition of any such payment that the claimant assigns any such rights to the Keeper.

(6)The Keeper has no liability to pay compensation—

(a)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,

(b)in so far as the claimant's loss is too remote, or

(c)for non-patrimonial loss.

Commencement Information

I9S. 94 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

95Quantification of compensationS

(1)Compensation payable by virtue of section 94(1)—

(a)is, in so far as it is not compensation mentioned in paragraph (b), to be quantified as at the date on which the claimant lost the right or, as the case may be, on which the servitude was created, and

(b)is to include—

(i)reimbursement of reasonable extra-judicial legal expenses, and

(ii)compensation for any other consequential loss.

(2)Interest on a sum so payable runs from the date mentioned in subsection (3) until the sum in question is paid.

(3)The date is—

(a)where the sum is payable other than by virtue of subsection (1)(b), the date mentioned in subsection (1)(a),

(b)where the sum is payable by virtue of subsection (1)(b)(i), the date on which the claimant paid the sum in question, and

(c)where the sum is payable by virtue of subsection (1)(b)(ii), the date on which the loss was sustained.

(4)The Scottish Ministers may by regulations make provision as to the rate of interest payable by virtue of subsection (2).

Commencement Information

I10S. 95 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources