transfer of land some probs

Question 1

s.49(4) 50(2) LRA

Answer 1

NEMO PLUS RULE. dervitive acquisition requires the consent of the OWNER. a disp that is granted by a person who is not the owner or is not authorised by the owner to make the transfer is invalid. thus cannot transferownership

Question 2

s.86 LRA

Answer 2

the way round the nemo plus rule.
you need all of them
the transferor was entered in the properiotorship section in the title sheet as propriotor
the transferor were in pos. for A YEAR
the transferee was in GOOD FAITH
IF SATIFY S.86 THEN THERE IS POSSIBILITY FOR PROTECTION. OF KEEPERS WARRENTY. ACQUIRERE IN GOOD FAITH RECIEVES MUD OR MONEY
need to examine prior deeds as necessary in sasine.
DOES NOT EXTEND TO GRANTING OF SUB REAL RIGHTS SEP PROECTION UNDER S.90

Question 3

s.133(1) LRA

Answer 3

with reference to a year pos in s.86. pos= civil pos..

Question 4

s.94 and 95 LRA

Answer 4

where s.86 applies the effect is to prefer the good faith acquirer over the original owner and to expropriate the property. so compentation awarded to orginal owner.

Question 5

s.3(1)a LRA

Answer 5

keeper midas touch. the effect of reg= immediate protection for deed even if invalid.

Question 6

s.9(1) and (3)(a)LRA

Answer 6

apply for rectifiction of the deed not available to prejudice the propritor in possession except in limited circumstances of which the most important was that the inaccuracy was caused by p fraud or carelessness.

Question 7

lra 2012 sch 4 para 17/18

Answer 7

inaccuracies treated 2 ways
keeper power to rectify. the power deemed to be exercised on the designated dayto the extent that the person would have gained rights was deemed to have done so
if KEEPER NO POWER to rectify inaccuracy the reg ceased to be innacurae on that designated day

Question 8

accretion

Answer 8

transferor does not own at the time of reg the disp but later but becomes owner later. ownership passes at the moment to the original transferee so absence of title is cured by acquisition of title.
the dip must contain either a grant of absolute warrendice or clause conveying granters whole ranght title and interest present and future
SWANS V WESTERN Bank
CANNOT OPERATE WHERE S.86 APPLIES
APPLIES TO SUB REAL RIGHTS

Question 9

S.31(3) BANKRUPCY SCOT ACT

Answer 9

accretion is prevented by superveneing sequentration by granter

Question 10

s.46 and 46A coveryancing scot act

LRA S.54

Answer 10

VOIDABLE - transferor owns now but not later. a voidable title is a good title unless or until the disp is in his favour is reduced and the decree of reduction is reg in the land reg

Question 11

s.86 LRA

Answer 11

can protect the goodfaith acquirer with voidable title.

but applies only to reg land.

Question 12

s.67 lra

Answer 12

can protect position by obtainting and registering caveat and raise action asap. to prevent another from reg title

Question 13

missives are void

Answer 13

if the disp is valid and reg it doesn’t matter if missives are void.

Question 14

s.91LRA

Answer 14

list the exceptions to undiscoverable encumbrances.

Question 15

s.94/95 LRA

Answer 15

encumbrance is extinguished by the keeper and the encumbrance holder then claims through the keeper

Question 16

sloan dairies v Glasgow corp

Answer 16

risk passses with the conclusion of the missives. virtually always altered by provisions on date of entry