Part 9Rights of persons acquiring etc. in good faith
Ownership
86I1Acquisition from disponer without valid title
1
This section applies where a person (“A”), who is not the proprietor of a registered plot of land but—
a
is entered in the proprietorship section of the title sheet as proprietor, and
b
is in possession of the land,
purports to dispone the land.
2
The disponee (“B”) acquires ownership of the land provided that the conditions in subsection (3) are met.
3
The conditions are that—
a
the land has been in the possession, openly, peaceably and without judicial interruption—
i
of A for a continuous period of at least 1 year, or
ii
of A and then of B for periods which together constitute such a period,
b
at no time during that period did the Keeper become aware that the register was inaccurate as a result of A (or B) not being the proprietor,
c
B is in good faith,
d
the disposition would have conferred ownership on B had A been proprietor when the land was disponed,
e
at no time during the period mentioned in paragraph (a)—
i
was the title sheet subject, by virtue of section 67, to a caveat relevant to the acquisition by B,
ii
did the title sheet contain a statement under section 30(5), and
f
the Keeper warrants (or is to be taken to warrant) A's title.
4
The date on which ownership is acquired by virtue of subsection (2) is—
a
where subsection (5) applies, the date on which the disposition is registered,
b
where subsection (6) applies, the date on which the period of possession mentioned in that subsection expires.
5
This subsection applies where, as at the date of registration, the land has been in the possession, openly, peaceably and without judicial interruption—
a
of A for a continuous period of at least 1 year, or
b
of A and then of B for periods which together constitute such a period.
6
This subsection applies where there is a continuous period of possession such as is mentioned in subsection (5) but that period, though it commences before registration on the application of B, does not expire until a date later than the date of registration.