Foster v. The Keeper Of The Registers Of Scotland & Anor [2006] ScotCS CSOH_65 (02 May 2006)

Foster v. The Keeper Of The Registers Of Scotland & Anor [2006] ScotCS CSOH_65 (02 May 2006)

The court cannot grant reduction of entries in the Land Register where rectification would prejudice a proprietor in possession, as precluded by section 9 of the Land Registration (Scotland) Act 1979; statutory remedies must be exhausted and judicial review is incompetent for the remedy sought.

Citation
[2006] ScotCS CSOH_65
Parties
Petitioner: Susan Foster; First Respondent: The Keeper of the Registers of Scotland; Second Respondent: Robert Graham Carson
Jurisdiction
Scotland
Judgment Date
02 May 2006
Procedural Posture
Judicial Review Petition / First Hearing, Competency Determination
Outcome
petition dismissed as incompetent
Legal Topics
Land Registration, Rectification, Indemnity, Judicial Review, Statutory Remedies, Boundary Disputes
Property Law Administrative Law Civil Procedure Land Registration Rectification Indemnity Judicial Review Statutory Remedies +1 more

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Parties

Susan Foster

Petitioner

The Keeper of the Registers of Scotland

First Respondent

Robert Graham Carson

Second Respondent

Procedural Posture

Judicial Review Petition / First Hearing, Competency Determination

Legal Issues

  1. 1 Whether entries in the Land Register may be reduced via judicial review
  2. 2 Whether the court can grant reduction where rectification would prejudice a proprietor in possession
  3. 3 Whether statutory remedies must be exhausted before judicial review is competent

Ratio Decidendi

The court cannot grant reduction of entries in the Land Register where rectification would prejudice a proprietor in possession, as precluded by section 9 of the Land Registration (Scotland) Act 1979; statutory remedies must be exhausted and judicial review is incompetent for the remedy sought.

Court Disposition

petition dismissed as incompetent

Orders

  • first plea-in-law for each respondent sustained
  • petition dismissed