Land Registration etc. (Scotland) Act 2012 (asp 5)

Part 9 Rights of persons acquiring etc. in good faith

Ownership

87 Acquisition from representative of disponer without valid title

(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.