- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
(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.
(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.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
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.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys