DESCRIPTIVE RUBRIC

Registration of title - Rectification of the register - Inaccuracy in the register - Land Registration (Scotland) Act 1979, ss 25 (1), 9 (1) and (2) - "Floating strip" of unconveyed ground - Keeper's discretion

Patterson v The Keeper of the Registers of Scotland
27 July 1993
LTS/LR/1992/2

An appeal was made by the owners of a house in East Kilbride, seeking rectification of an entry in the Land Register for Scotland. The appellants alleged that the boundaries of their property were erroneously delineated on the registered Title Plan.

The appellants complaint was that the Keeper, in registering their title, failed to take sufficient account of all the circumstances known to him and, in particular, assumed in error that the boundaries of their feu, Plot 3, should be fixed by reference to the southmost boundary thereof and not by reference to the northmost boundary of the larger area of land of which Plot 3 formed part. The boundaries of other feus hived off from the original estate had been fixed from that northern boundary thus resulting in a "floating strip" of unconveyed ground which the Keeper decided fell to be located between Plot 3 and Plot 4.

Held - that in all the circumstances the Tribunal was unable to say that there was any inaccuracy in the Land Register in respect of the entry relating to the application subjects and, accordingly, the appeal was refused.

Case referred to:

Brookfield Developments Ltd v Keeper of the Registers of Scotland 1989 SLT (Lands Tr) 105.

See full decision:  LTS/LR/1992/2