Aberdeen College v. Youngson & Anor [2005] ScotCS CSOH_31 (25 February 2005)

Aberdeen College v. Youngson & Anor [2005] ScotCS CSOH_31 (25 February 2005)

A disposition granted by a disponer in favour of himself, with no change in legal persona, interest, or third party involvement, is invalid ex facie and cannot constitute a valid foundation writ for positive prescription under section 1(1) of the Prescription and Limitation (Scotland) Act 1973.

Citation
[2005] ScotCS CSOH_31
Parties
Pursuer: The Board of Management of Aberdeen College; Defender: Stewart Watt Youngson and Another
Jurisdiction
Scotland
Judgment Date
25 February 2005
Procedural Posture
Civil / Procedure Roll (pleas in Law)
Outcome
Pursuers' second and fourth pleas-in-law sustained; decree of reduction granted in terms of the third Conclusion.
Legal Topics
Positive Prescription, Invalidity of Dispositions, Self Dealing, Title to Land
Property Law Conveyancing Positive Prescription Invalidity of Dispositions Self Dealing Title to Land

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Parties

The Board of Management of Aberdeen College

Pursuer

Stewart Watt Youngson and Another

Defender

Procedural Posture

Civil / Procedure Roll (pleas in Law)

Legal Issues

  1. 1 Whether a disposition granted by a disponer in favour of himself can be a valid foundation writ for positive prescription under section 1(1) of the Prescription and Limitation (Scotland) Act 1973.
  2. 2 Whether such a disposition is invalid ex facie and insufficient to constitute title.

Ratio Decidendi

A disposition granted by a disponer in favour of himself, with no change in legal persona, interest, or third party involvement, is invalid ex facie and cannot constitute a valid foundation writ for positive prescription under section 1(1) of the Prescription and Limitation (Scotland) Act 1973.

Court Disposition

Pursuers' second and fourth pleas-in-law sustained; decree of reduction granted in terms of the third Conclusion.

Orders

  • Reduction of the a non domino disposition dated 2 July 1993 and recorded 23 July 1993.
  • Reduction of the docquets dated October 1999 and February and March 2000 in favour of the defenders.