Aronson v The Keeper of the Registers of Scotland & Ors [2014] ScotCS CSOH_176 (19 December 2014)

Aronson v The Keeper of the Registers of Scotland & Ors [2014] ScotCS CSOH_176 (19 December 2014)

Section 26(1) of the 1970 Act applies to the sale and disposition by the Bank to the pursuer, notwithstanding procedural irregularity, and on registration the property was disburdened of the Bank's and postponed securities. The retention of the postponed securities in the Charges Section is an inaccuracy, and rectification is ordered.

Citation
[2014] ScotCS CSOH_176
Parties
Pursuer: Clive Joseph Aronson; First Defender: The Keeper of the Registers of Scotland; Second Defender: Firstplus Financial Group PLC; Third Defender: Progressive Financial Services Limited; Fourth Defender: Steven William Alexander
Jurisdiction
Scotland
Judgment Date
19 December 2014
Procedural Posture
Commercial Action for Rectification of the Land Register / Debate on the Commercial Roll; Judgment
Outcome
Decree granted for the pursuer; rectification of the register ordered.
Legal Topics
Rectification of Land Register, Standard Securities, Power of Sale, Statutory Interpretation, Effect of Invalid Sale Procedures
Property Law Land Registration Conveyancing Rectification of Land Register Standard Securities Power of Sale Statutory Interpretation Effect of Invalid Sale Procedures

Case Brief

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Parties

Clive Joseph Aronson

Pursuer

The Keeper of the Registers of Scotland

First Defender

Firstplus Financial Group PLC

Second Defender

Progressive Financial Services Limited

Third Defender

Steven William Alexander

Fourth Defender

Procedural Posture

Commercial Action for Rectification of the Land Register / Debate on the Commercial Roll; Judgment

Legal Issues

  1. 1 Whether the property was disburdened of postponed standard securities under s.26(1) of the Conveyancing and Feudal Reform (Scotland) Act 1970 despite procedural irregularity in the exercise of the power of sale
  2. 2 Whether the retention of postponed securities in the Charges Section of the Title Sheet is an inaccuracy under s.9(1) of the Land Registration (Scotland) Act 1979

Ratio Decidendi

Section 26(1) of the 1970 Act applies to the sale and disposition by the Bank to the pursuer, notwithstanding procedural irregularity, and on registration the property was disburdened of the Bank's and postponed securities. The retention of the postponed securities in the Charges Section is an inaccuracy, and rectification is ordered.

Court Disposition

Decree granted for the pursuer; rectification of the register ordered.

Orders

  • The first defender is ordained to rectify the register by deleting entries 1, 2, and 3 from the Charges Section of the Title Sheet.