GREEN, APPEAL BY STEPHEN AND CAROL v JOHN CHALMERS, THOMAS CHALMERS AND IAIN CHALMERS [2017] ScotSAC Civ 8 (22 December 2016)
The court held that the appellants failed to establish both an inaccuracy in the respondents' title and their own entitlement to the disputed land, and therefore rectification was not warranted.
- Citation
- [2017] ScotSAC Civ 8
- Parties
- Appellant: Stephen Green; Appellant: Carol Green; Respondent: John Chalmers; Respondent: Thomas Chalmers; Respondent: Iain Chalmers
- Jurisdiction
- Scotland
- Judgment Date
- 22 December 2016
- Procedural Posture
- Civil Appeal / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Title to Land, Heritable Property, Rectification of Title
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen Green
Appellant
Carol Green
Appellant
John Chalmers
Respondent
Thomas Chalmers
Respondent
Iain Chalmers
Respondent
Procedural Posture
Civil Appeal / Appeal
Legal Issues
- 1 Whether the appellants have title to the disputed land
- 2 Whether the respondents' title should be rectified
Ratio Decidendi
The court held that the appellants failed to establish both an inaccuracy in the respondents' title and their own entitlement to the disputed land, and therefore rectification was not warranted.
Court Disposition
appeal dismissed
Orders
- The appeal is refused.
- No order as to expenses.
Full Case Text
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