Even if there existed an acknowledged error in the Land Registry, rectification was the only available remedy. The existence of an inaccuracy did not alter the legal reality that the registered proprietor had a right created by registration. In certain circumstances a unilateral error by the Keeper could be the subject of rectification. Judges: Lord … Continue reading Dougbar Properties Ltd v Keeper of the Registers of Scotland: SCS 9 Feb 1999
(Inner House) An application was made objecting to the registration of a title to a foreshore. The title applicant objected that this was a matter of private law, and that they had no standing to object. Held: To apply for the alteration of the register kept under the 1979 Act, a person had to show … Continue reading Wilson and Others v Keeper of the Registers of Scotland: SCS 1999
The word ‘inaccuracy’ in section 9(1) of the 1979 Act should be construed widely so as to include any incorrect or erroneous entry in or omission from the Register. The position was that the Keeper could not create something from nothing by an erroneous step. Citations: 1989 SLT (LT) 105 Statutes: Land Registration (Scotland) Act … Continue reading Brookfield Developments Ltd v The Keeper of the Registers of Scotland: 1989
The limited scope for rectification of registered land titles was explained. If the Keeper were to recognise an error of a very minor nature, such as an obvious spelling mistake, he would amend it at his own hand. However, he would not adjust a boundary. Once an interest had been registered, in normal circumstances, the … Continue reading Short’s Trustee v The Keeper of the Registers of Scotland: HL 7 Dec 1995
Outer House, Court of Session – the former chargee and registerd proprietor challenged registration of the sale by a buyer from the bank. Lord Doherty [2014] ScotCS CSOH – 176, 2015 GWD 3-67, 2015 SLT 122 Bailii Land Registration (Scotland) Act 1979 Scotland Registered Land Updated: 02 January 2022; Ref: scu.550111
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Appeal against a decision of the Lands Tribunal finding that there is an inaccuracy in the Land Register which should be rectified in favour of the respondent. The issue is whether the appellants were ‘proprietors in possession’ of land in terms of section 9(3) of the Land Registration (Scotland) Act 1979, thus preventing any rectification … Continue reading Combined Corporation (BVI) Limited, Appeal By v Souter: SCS 19 Dec 2018
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
