(b), the Keeper will remove the area, for which a competition in title exists, from the existing title sheet. If the Sasine proprietor is at that time seeking to register adjoining property, the Keeper will incorporate the  removed  interest  in  that  registration.  In  no  circumstances  will  the  disputed  area,  having  once appeared in the Land Register, be merely deleted and allowed to revert to the Sasine title. If necessary the keeper will open a new title sheet in question showing the sasine proprietor as registered proprietor. Competing title in the Land Register 6.9 Competition can equally arise between two registered interests. Where that occurs indemnity will be excluded in respect of one of the interests. If indemnity has not been excluded in respect of the prior registration, then it follows the Keeper must exclude indemnity in respect of the later registration. In terms of rule 21(2) the Keeper is precluded from intimating the competition in title to the proprietor of  the  previously  registered  subjects.  The  Keeper  will  reflect  the  competition  in  title  in  the  prior registered title sheet. It follows that any pre-registration report over the registered interest will reveal the competing title. In the circumstances outlined above, prescription will operate as follows: Registered proprietor without exclusion of indemnity 6.10 The registered proprietor who holds without exclusion of indemnity has no need of prescription at all. The title is good as long as the registered proprietor retains possession of the subjects. In a competition,  the  registered  proprietor  can,  as  proprietor  in  possession,  seek  to  have  the  register rectified against any competitor. The registered proprietor does not need to prove possession of the subjects for any given period, only that the registered proprietor is in possession. On rectification, the competitor’s name will be removed from the proprietorship section of the title sheet. Registered proprietor with exclusion of indemnity 6.11  If it is the competitor, holding under an exclusion of indemnity, who can subsequently prove prescriptive  possession,  the  register  can  be  rectified  against  the  proprietor  who  holds  under  no exclusion. This is possible because the latter proprietor is not in possession and thus not afforded the protection of section 9(3). In this case, the Keeper should be able to resist a claim for indemnity by the excluded proprietor under section 12(3)(a). Warrandice 6.12 The accuracy of the Land Register and of any information provided therefrom by the Keeper in exercise of his statutory functions is guaranteed and backed by the statutory indemnity provisions. This does  not  mean  that  the  protection  afforded  to  a  grantee  or  lessee  by  the  traditional  grant  of warrandice, whether it be express or implied, is no longer necessary. There are two compelling reasons why warrandice continues to be of importance under registration of title: 1. Section 12(3) excludes various issues from the indemnity provisions in the Act; but these may be covered by warrandice. 2. The Keeper may register an interest in the Land Register and exclude indemnity either in whole or in part as regards that interest. For example, where doubt exists about title to part of the interest, the Keeper may, while registering the whole interest, exclude indemnity for that part. If the disponee is subsequently evicted from that part, no claim will lie against the Keeper; but the disponee may well have a claim under warrandice against the seller.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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