The Plaintiff was bound by a floating charge which crystallised on the land before registration. Scots law, following Roman law, is unititular, which means that only one title of ownership is recognised in any one thing at any one time.
Citations:
Times 25-Jul-1995, 1995 SC 455
Jurisdiction:
Scotland
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 . .
Appeal from – Sharp v Thomson HL 1997
A floating charge was given over the whole of a company’s property which might from time to time be ‘comprised in our property and undertaking’. The charge terms echoed the section which allows a company to create a charge ‘over all or any part of . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 28 April 2022; Ref: scu.89195
