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Changes over time for: Section 91


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Status:
Point in time view as at 01/04/2022.
Changes to legislation:
Land Registration etc. (Scotland) Act 2012, Section 91 is up to date with all changes known to be in force on or before 28 July 2025. 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.

Changes to Legislation
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91Extinction of encumbrance when land disponedS
This section has no associated Explanatory Notes
(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.
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