Scottish property essays

Where there is realignment, the effect is that the entries in the LR are deemed accurate.

Section 43 represents a new application of positive prescription in its familiar role providing for the obtaining of title to land through the passage of time on the basis of an ex facie valid deed; no more will be said of it. This is provided for in section 86 4 - 6. It appears to be a novel form of acquisition in Scottish land law. Accordingly, where there is realignment, no question of rectification can arise. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. Introduction 1It is a privilege and a pleasure to write in recognition of the outstanding contribution of Professor Robert Rennie. It is the converse of rectification. Upon the registration of an invalid transaction, the register may be rectified but not to the prejudice of the registered proprietor in possession unless that party caused the inaccuracy by fraud or carelessness. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots such as the Netherlands and South Africa. Unrelated to the feudal factor, the Register of Sasines was beginning to show its age by the latter half of the twentieth century. The law and legal education of Scotland has traditionally recognized the subject of conveyancing as one demanding acute legal skills directed to matters of obvious social utility.

Unrelated to the feudal factor, the Register of Sasines was beginning to show its age by the latter half of the twentieth century. Accordingly, where there is realignment, no question of rectification can arise.

Scottish property essays

As a whole, this collection is highly recommended to students, practitioners and academics. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots such as the Netherlands and South Africa.

The Register would be inaccurate in showing C or D as owner and could, in principle, be rectified in the event of a loss of possession by the registered owner. Section 43 represents a new application of positive prescription in its familiar role providing for the obtaining of title to land through the passage of time on the basis of an ex facie valid deed; no more will be said of it. This is realignment. Full text A. Part 9 also deals with the good faith acquisition of leases. Where there is realignment, the effect is that the entries in the LR are deemed accurate. A measure of the position of a system of registration is, arguably, its treatment of the fraud situation. It is the converse of rectification. But is it positive or negative prescription, or, rather, is it simply a statutory form of original acquisition?

I am grateful to Professor This is provided for in section 86 4 - 6. The question whether acquisition in terms of section 86 is a form of prescription will be considered in a subsequent section of this paper.

The Keeper, knowing that the grantee cannot acquire because the party purporting to be grantor in fact has no right to the property, should obviously not register on a final basis.

scotland laws

In this situation there would be no question of an inaccuracy in the register. Scotland Act Under the Act, C becomes owner on registration and, if C is in possession, A cannot get the land back but must make do with indemnity from the Keeper.

The acquirer will be in bad faith if he or she knows. Under the Act, C becomes owner on registration and, if C is in possession, A cannot get the land back but must make do with indemnity from the Keeper. Unrelated to the feudal factor, the Register of Sasines was beginning to show its age by the latter half of the twentieth century. Of course, the case of a void i. This is provided for in section 86 4 - 6. A measure of the position of a system of registration is, arguably, its treatment of the fraud situation. This contribution will also seek to comment on the form of acquisition the provision represents and, perhaps more importantly, its policy position. But the Act specifies an exception, in certain types of case where the rule is that the LR is not to be rectified, but instead, the parties should have the rights or lack thereof that the LR says they have or that they lack.
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Essays in Conveyancing and Property Law