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 Keeper would have no reason to examine an entry for errors, unless they were drawn to his attention by others. In relation to the system of registration of title, a balance had to be struck between the interests of persons possessing competing titles. That balance had been settled in section 9 of the 1979 Act. There was no separate mechanism which could be employed in relation to such problems. An error might be found, possibly years after its occurrence, when it could be very difficult to examine the state of the previous title
Judges:
Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Mustill, Lord Woolf and Lord Nicholls of Birkenhead
Citations:
1996 SC (HL) 14, [1995] UKHL 21, 1996 SCLR 571, 1996 SLT 166
Links:
Statutes:
Land Registration (Scotland) Act 1979
Jurisdiction:
Scotland
Citing:
Appeal from – Short’s Trustee v Keeper of the Registers of Scotland IHCS 30-Dec-1993
Trustee may not register decree but can seek to have register amended. . .
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.
Registered Land
Updated: 08 April 2022; Ref: scu.183239
