The complainer had purchased land from the defender, but the Keeper of the Registers refused to register the transfer, saying that the disponer was not the owner. The claim was for breach of warrandice.
Judges:
Lord Clarke
Citations:
[2011] ScotCS CSIH – 30, 2011 SCLR 428, 2011 SLT 701, 2011 GWD 13-305, [2011] CSIH 30
Links:
Citing:
Cited – Clark v Lindale Homes Limited SCS 1994
The court set out the conditions to found a claim for breach of warrandice on a land purchase: ‘Although eviction did not mean physical removal, it did involve the emergence of a real or threatened burden on the property which had to come from a . .
Cited by:
Appeal from – Morris v Rae SC 7-Nov-2012
The pursuer had bought land from the responder which in turn had bought from a company now in liquidation. On application for registration, the Keepr of the registers said the title had not been made out, and he was unable to complete the . .
Lists of cited by and citing cases may be incomplete.
Scotland, Registered Land
Updated: 06 September 2022; Ref: scu.431766