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 Macfadyen
Citations:
1999 SC 513, [1999] ScotCS 43
Links:
Statutes:
Land Registration (Scotland) Act 1979
Citing:
Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Cited by:
Cited – Safeway Stores Plc v Tesco Stores IHCS 6-Jun-2003
The parties appealed a decision of the Lands Tribunal for Scotland ordering rectification of the land register. A small area had been registered to two registers, and an error had occurred on the digitisation of the plan.
Held: The system of . .
Lists of cited by and citing cases may be incomplete.
Scotland, Registered Land
Updated: 06 June 2022; Ref: scu.170434
