Part I

Prescription

Positive prescription

Special cases
2
1
If—
a
land has been possessed by any person, or by any person and his successors, for a continuous period of twenty years openly, peaceably and without any judicial interruption; and
b
the possession was founded on, and followed the execution of, a deed (whether
or not registered or recorded
) which is sufficient in respect of its terms to constitute in favour of that person a real right in that land, or in 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 except on the ground that the deed is invalid
ex facie
or was forged.
2
This section applies—
a
to the real right of the lessee under a lease; and
b
to any other real right in land, being a real right of a kind which, under the law in force immediately before the commencement of this Part of this Act, was sufficient to form a foundation for positive prescription without the deed constituting the title to the real right having been
registered or
recorded,
but does not apply to servitudes or public rights of way.
3
This section is without prejudice to section 1 of this Act or to
section 20B or 20C of the Registration of Leases (Scotland) Act 1857 (c.26)
.
S. 2 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
Words in s. 2(1)(b) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 18(3)(a) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
Words in s. 2(2)(b) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 18(3)(b) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
Words in s. 2(3) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 18(3)(c) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2