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Land Registration etc. (Scotland) Act 2012
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Land Registration etc. (Scotland) Act 2012, Section 78 is up to date with all changes known to be in force on or before 26 December 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.
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Changes and effects yet to be applied to Section 78:
- s. 48A 48B and cross-heading inserted by 2016 asp 18 s. 43(2)
- s. 116(3)(ba)(bb) inserted by 2016 asp 18 s. 43(3)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 48A 48B and cross-heading inserted by 2016 asp 18 s. 43(2)
- s. 116(3)(ba)(bb) inserted by 2016 asp 18 s. 43(3)
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
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