prescription

Question 1

-ve prescription

Answer 1

1973 act 6-8

rights are extinguished

Question 2

+ prescription

Answer 2

rights are created over lapse of time

Question 3

15(2) prescription limitation act

Answer 3

obligations and coorelative rights

Question 4

6 sch 2prescription limitation act

Answer 4

personal right some prescribe over 5 years

Question 5

barratt v keith

Answer 5

obligation to deliver a disposition, buyer said where is disposition, seller said don’t have to give one because 5 year period has prescribed. Court held that it was relating to land therefore fell under 20 year and not 5 year prescription. But court said if employ a gardener this is not an obligation relating to land.

Question 6

s.9prescription limitation act

Answer 6

for prescription to run neither a relevant claim by creditor

Question 7

s.10prescription limitation act

Answer 7

for prescription to run neither a relevant acknowledgement by debtor

Question 8

s. 8prescription limitation act

Answer 8

real right = 20 years

can stop prescription= a relevant claim by the older an excercise of right by the holder

Question 9

s.6(3) 7(1) 8(1)prescription limitation act

Answer 9

when does prescription start to run. at earliest when right becomes enforcable

Question 10

s.11 prescription limitation act

Answer 10

with obligations to make re this meas the date when the loss or injury occurred as to whether the creditor must know of the loss or injury

Question 11

IMprescritable rights

Answer 11

sch 3 rights cannot prescribe

Question 12

1-3 1973

Answer 12

+ve prescription-lease/ servitude/ liferent

BUT NOT REAL BURDENS!!

Question 13

s.1 1973

Answer 13

requirement of possession v. important for precriptiom

example if a person HOLDS land for over 10 years can confer ownership on to that person. so prescription can validate void or voidable deeds.

Question 14

auld v hay

Answer 14

the several shares belonging to us all and whole these shoot roads of land lying near the north or east port of inverkiething- deed invalid cadastral map

Question 15

Watson v shields

Answer 15

sasine the deed must not be invalid ex facia (on the face of it) so latent errors did not matter) so does not matter if invalid or if the possessor knows this because goodfaith is NOT required.
this deed was self destructive
considering we have occupied the subjects hereinafter disposed continuously since 1955, openly, peacbly and without any judicial interruption BUT WITHOUT TITLE TO

Question 16

land ward securitties v innhouse

Answer 16

the said open yard lying to th west if said subjects and the access lane and passages connected with the same but only so far as I have right thereto

Question 17

s.1(2) limitation prescription act

Answer 17

special rule for forged deeds

Question 18

what must the possession be for prescription to apply

Answer 18

open and peacable
founded on foundation of writ
continuous
broken by personal or judicial interuption

Question 19

a non domino disps define

Answer 19

where ownership Is unclear matters are sometimes settled by a disp granted by a non owner. limited by s.43- 45 LRA
the keeper can grant if meets the open and peacably ect conditons in 43 and 45
44 disp reg as provisional until prescription run
THE TITLE IS NOT WARRENTED BY THE KEEPER! s.73(5)

Question 20

the board of management of Aberdeen college v youngsten

Answer 20

dispositions upon which there has been conflicting academic comment, but
until now no judicial determination, namely whether such a disposition can
be granted
by a person to himself.

Question 21

effect of + ve precription

Answer 21

cures invalid foundation of writs 1973 s.5(1A)
cures voidable foundation of writ
provides conclusive proof of validity of foundation of writ
resolve boundry disputes

Question 22

s.2 priscription and limitation act

Answer 22

unreg real rights

Question 23

s.14priscription and limitation act

Answer 23

rules for calculating time

Question 24

s.13priscription and limitation act

Answer 24

no contracting out

Question 25

s.24priscription and limitation act

Answer 25

crown bound

Question 26

proof of ownership

Answer 26

coperal- pos presumes ownership title of true owner = extringued by long -ve prescription s.8 expt thief sch3
land reg lra s.86 large pile of title deed os replced with a single title sheet to be owner without the need for further investigation
for sasine exhaustive examination of title is avoided by 10 year rolling period of +ve prec