(1)If land has been possessed by any person, or by any person and his successors, for a continuous period of ten years openly, peaceably and without any judicial interruption and the possession was founded on, and followed—
(a)the recording of a deed which is sufficient in respect of its terms to constitute in favour of that person a real right in—
(i)that land; or
(ii) land of a description habile to include that land; or
[F2(b)the registration of a deed which is sufficient in respect of its terms to constitute in favour of that person a real right in—
(i)that land; or
(ii)land of a description habile to include that land,]
then, as from the expiry of that period, the real right so far as relating to that land shall be exempt from challenge.
(2)Subsection (1) above shall not apply where—
(a) possession was founded on the recording of a deed which is invalid ex facie or was forged; or
(b)possession was founded on registration in the Land Register of Scotland proceeding on a forged deed and the person appearing from the Register to have the real right in question was aware of the forgery at the time of registration in his favour.
(3)In subsection (1) above, the reference to a real right is to a real right which is registrable in the Land Register of Scotland or a deed relating to which can competently be recorded; but this section does not apply to [F3real burdens,]servitudes or public rights of way.
(4)In the computation of a prescriptive period for the purposes of this section in a case where the deed in question is a decree of adjudication for debt, any period before the expiry of the legal shall be disregarded.
(5)Where, in any question involving any foreshore or any salmon fishings, this section is pled against the Crown as owner of the regalia, subsection (1) above shall have effect as if for the words “ten years” there were substituted “twenty years”.
(6)This section is without prejudice to section 2 of this Act.]
Textual Amendments
F1S. 1 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 33(2) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2S. 1(1)(b) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 18(2) (with ss. 120(1), 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F3Words in s. 1(3) inserted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 paras. 5(2) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
Modifications etc. (not altering text)
C1S. 1 restricted (31.10.1994) by 1994 c. 21, ss. 10(2)(b)(4), 68(2)(a) (with s. 40(7)); S.I. 1994/2553, art.2