First National Bank Of Southern Africa Ltd & Ors v Lynn De-Courcy McStay & Anor [2000] ScotCS 166 (16 June 2000)

First National Bank Of Southern Africa Ltd & Ors v Lynn De-Courcy McStay & Anor [2000] ScotCS 166 (16 June 2000)

The defenders did not exercise sufficient acts of possession to establish a prescriptive title, and their statements to the Keeper regarding possession were false or at least careless. The pursuers, as true owners, are entitled to reduction of the defenders' titles and rectification of the Land Register.

Citation
[2000] ScotCS 166
Parties
Pursuers: First National Bank of Southern Africa Limited and Others, Executors and Administrators of the late James Stevenson-Hamilton and Others; First Defender: Lynn De-Courcy McStay; Second Defender: John McStay
Jurisdiction
Scotland
Judgment Date
16 June 2000
Procedural Posture
Civil / Outer House, Court of Session, Opinion
Outcome
Decree granted in favour of pursuers; defenders' titles reduced; rectification of Land Register ordered.
Legal Topics
Prescriptive Possession, Rectification of Land Register, Fraud or Carelessness in Registration, Reduction of Dispositions
Property Law Land Registration Prescriptive Possession Rectification of Land Register Fraud or Carelessness in Registration Reduction of Dispositions

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Parties

First National Bank of Southern Africa Limited and Others, Executors and Administrators of the late James Stevenson-Hamilton and Others

Pursuers

Lynn De-Courcy McStay

First Defender

John McStay

Second Defender

Procedural Posture

Civil / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether defenders possessed the site at 81 Clyde Street, Carluke for the prescriptive period required to acquire title.
  2. 2 Whether the statements made by defenders in their application for registration were fraudulent or careless.

Ratio Decidendi

The defenders did not exercise sufficient acts of possession to establish a prescriptive title, and their statements to the Keeper regarding possession were false or at least careless. The pursuers, as true owners, are entitled to reduction of the defenders' titles and rectification of the Land Register.

Court Disposition

Decree granted in favour of pursuers; defenders' titles reduced; rectification of Land Register ordered.

Orders

  • Reduction of the defenders' dispositions.
  • Order to the Keeper of the Registers of Scotland to alter the title sheet so that the proprietorship section reads in favour of the pursuers.