Wilson & Ors v Lands Tribunal For Scotland Decision [1999] ScotCS 137 (8 June 1999)

Wilson & Ors v Lands Tribunal For Scotland Decision [1999] ScotCS 137 (8 June 1999)

The appellants, as mere beneficiaries and not trustees, have neither title nor interest to seek rectification of the Land Register under the 1979 Act. Even if there were an inaccuracy, no relevant case of carelessness or fraud by the proprietor in possession was pled. The statutory scheme requires that only those with a real, substantial interest—namely, the trustees—may seek such remedies. The appeal is refused on this fundamental ground.

Citation
[1999] ScotCS 137
Parties
Appellants: Andrew Wilson & Others; 1st Respondent: Keeper of the Registers of Scotland; 2nd Respondent: Scottish Enterprise; 3rd Respondent: Scottish Metropolitan Property plc
Jurisdiction
Scotland
Judgment Date
08 June 1999
Procedural Posture
Appeal / Appeal From Lands Tribunal for Scotland to Court of Session
Outcome
Appeal refused
Legal Topics
Rectification of Land Register, Title to Sue, Trust Beneficiaries' Rights, Statutory Conveyance, Positive Prescription
Property Law Trust Law Land Registration Rectification of Land Register Title to Sue Trust Beneficiaries' Rights Statutory Conveyance Positive Prescription

Case Brief

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Parties

Andrew Wilson & Others

Appellants

Keeper of the Registers of Scotland

1st Respondent

Scottish Enterprise

2nd Respondent

Scottish Metropolitan Property plc

3rd Respondent

Procedural Posture

Appeal / Appeal From Lands Tribunal for Scotland to Court of Session

Legal Issues

  1. 1 Whether appellants have title and interest to seek rectification of the Land Register under the Land Registration (Scotland) Act 1979
  2. 2 Whether there is an inaccuracy in the Land Register regarding the ownership of Greenock Harbour lands
  3. 3 Whether any inaccuracy was caused by fraud or carelessness of the proprietor in possession under section 9(3)(a)(iii) of the 1979 Act

Ratio Decidendi

The appellants, as mere beneficiaries and not trustees, have neither title nor interest to seek rectification of the Land Register under the 1979 Act. Even if there were an inaccuracy, no relevant case of carelessness or fraud by the proprietor in possession was pled. The statutory scheme requires that only those with a real, substantial interest—namely, the trustees—may seek such remedies. The appeal is refused on this fundamental ground.

Court Disposition

Appeal refused

Orders

  • Appeal dismissed for lack of title and interest to sue
  • No order for rectification of the Land Register