Ramsay v. Spence [1909] ScotLR 810 (11 June 1909)

Ramsay v. Spence [1909] ScotLR 810 (11 June 1909)

A disposition in form applicable to feudal subjects, recorded in the county register and ex facie valid and irredeemable, is sufficient to found prescription under section 34 of the Conveyancing (Scotland) Act 1874, and any inquiry into whether the property was held burgage and whether the disposition should have been recorded in the burgh register is excluded after twenty years' possession.

Citation
[1909] ScotLR 810
Parties
Pursuer (respondent): George Ramsay; Defender (reclaimer): Edward Spence
Jurisdiction
Scotland
Judgment Date
11 June 1909
Procedural Posture
Civil / Appeal (reclaiming Motion) From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; decree as craved adhered to
Legal Topics
Ex Facie Valid Title, Prescriptive Possession, Appropriate Register of Sasines, Conveyancing (scotland) Act 1874 S.34, Burgage Tenure, Change of Tenure by Prescription
Property Law Conveyancing Prescription Ex Facie Valid Title Prescriptive Possession Appropriate Register of Sasines Conveyancing (scotland) Act 1874 S.34 Burgage Tenure +1 more

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Parties

George Ramsay

Pursuer (respondent)

Edward Spence

Defender (reclaimer)

Procedural Posture

Civil / Appeal (reclaiming Motion) From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether a disposition recorded in the county register, in form applicable to feudal subjects, is habile to found prescription where the property may have been held burgage and not recorded in the burgh register.
  2. 2 Whether section 34 of the Conveyancing (Scotland) Act 1874 precludes inquiry into the appropriateness of the register or form of disposition after twenty years' possession on an ex facie valid irredeemable title.

Ratio Decidendi

A disposition in form applicable to feudal subjects, recorded in the county register and ex facie valid and irredeemable, is sufficient to found prescription under section 34 of the Conveyancing (Scotland) Act 1874, and any inquiry into whether the property was held burgage and whether the disposition should have been recorded in the burgh register is excluded after twenty years' possession.

Court Disposition

appeal dismissed; decree as craved adhered to

Orders

  • Declarator of property in favour of the pursuer (Ramsay) for the disputed ground as part and pertinent of Blackness Inn.
  • Defender's (Spence's) objections dismissed.