Part 2Registration

Prescriptive claimants etc.

I145Notification of prescriptive applications

1

Before accepting an application under section 21 which is received by virtue of section 43(1), the Keeper must notify—

a

the proprietor,

b

if there is no proprietor (or none can be identified), any person who appears to the Keeper able to take steps to complete title as proprietor, or

c

if there is no proprietor and no such person (or, in either case, none can be identified), the Crown.

2

The Keeper's duty to notify persons under subsection (1) only applies in so far as the Keeper considers it reasonably practicable to notify them.

3

Notification is to be by such means as the Keeper considers appropriate.

4

A person to whom notice is given under subsection (1) may object in writing to the application being accepted.

5

If the Keeper receives such an objection within 60 days of the notice, the Keeper must reject the application.

6

Land register rules may make further provision about notification under subsection (1).

7

The Scottish Ministers may, by order, amend subsection (5) so as to substitute for the number of days for the time being mentioned there a different number of days.

8

Before making such an order, the Scottish Ministers must consult the Keeper.