Search Legislation

Land Registration etc. (Scotland) Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 78

 Help about opening options

Alternative versions:

Changes to legislation:

Land Registration etc. (Scotland) Act 2012, Section 78 is up to date with all changes known to be in force on or before 30 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

78Claims under warranty: circumstances where liability excludedS

This section has no associated Explanatory Notes

The Keeper has no liability to pay compensation by virtue of section 77(1)—

(a)if the inaccuracy is consequent upon an error in the cadastral map and that error was made in reasonable reliance upon the base map,

(b)if the existence of the inaccuracy was, or ought to have been, known to—

(i)the applicant, or

(ii)any person acting as solicitor or other legal adviser to the applicant,

at the time of registration,

(c)in so far as the inaccuracy is attributable to a failure of—

(i)the applicant, or

(ii)any person acting as solicitor or other legal adviser to the applicant,

to comply with the duty owed to the Keeper under section 111,

(d)in so far as the claimant's loss could have been avoided by the applicant, owner or claimant taking certain measures which it would have been reasonable for the applicant, owner or claimant to take,

(e)in so far as the connection between the claimant's loss and the inaccuracy is too remote, or

(f)for non-patrimonial loss.

Commencement Information

I1S. 78 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?