PART B - pre-seen Flashcards
1
Q
Requirements of derivative acquisition
A
- mutual consent
- mutual intention
2
Q
How is disposition realised?
A
- delivered
- registered in LR
3
Q
Authority for delivery and registration
A
Burnett’s Trustees v Grainger (2004)
4
Q
Is grantor subject to an inhibition?
A
No
5
Q
What kind of title does Duncan appear to have?
A
Absolutely good
6
Q
What is the keeper’s warranty
A
Guarantee that the title register is accurate
7
Q
Authority for warranty
A
s.73(1) Land Registration (Scotland) Act 2012
8
Q
Consequences of warranty breach
A
- compensation paid to party that suffered from inaccuracy
- compensation available immediately
9
Q
Is the error transactional or registrational
A
registrational
10
Q
Who is the owner?
A
Duncan
11
Q
Who gets compensation?
A
Fraser
12
Q
Available remedy?
A
Reduction