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.