Commentary on Sections
Part 8: Rectification of the Register
Rectification
Section 80: Rectification of the register
190.This section imposes a duty on the Keeper to rectify the Land Register when it contains an inaccuracy. The term "inaccuracy" appeared in section 9(1) of the Land Registration (Scotland) Act 1979, however it was not defined. The meaning of “inaccuracy” is provided for in section 65 of the Act.
191.Subsection (1) is an important provision that sets a high evidential standard for rectification - that the inaccuracy is “manifest”. This means that the position must be beyond dispute, in effect that it is more than simply probable that there is an inaccuracy. It is for the Keeper to determine when an inaccuracy is manifest or not.
192.Subsection (2) maintains the approach, providing that the Keeper must only rectify the register if what is needed to rectify the register is also manifest. It is likely that an inaccuracy, and what is needed for rectification of an inaccuracy, will be manifest only where either there is no room for doubt or where the matter has been judicially determined.
- Previous
- Explanatory Notes Table of contents
- Next