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Conveyancing (Scotland) Act 1924

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This is the original version (as it was originally enacted).

41Purchasers protected

(1)All proceedings under sections thirty-two to forty, inclusive, of this Act shall be valid and effectual notwithstanding that any person to whom premonition or notice requires to be given in terms of this Act may be in pupillarity or minority or subject to any legal incapacity, and any sale and disposition in implement thereof shall be as valid to the purchaser as if made by the proprietor of the land not being under disability, and any such disposition shall import an assignation to the purchaser of the warrandice contained or implied in the bond and disposition in security under which the land is sold, and also an obligation by the granter of the security to ratify, approve and confirm the sale and disposition.

(2)Where a disposition bears to be granted in exercise of the power of sale contained in a bond and disposition in security the title of the purchaser shall not be challengeable in the case of a disposition recorded before the commencement of this Act, after the lapse of five years from the commencement of this Act, and in the case of a disposition recorded after the commencement of this Act, after the lapse of five years from the date of such recording, on the ground that the debt had ceased to exist unless that fact appeared on the Register of Sasines or was known to the purchaser prior to payment of the price, or on the ground of want or defect of notice or advertisement, or that such power was otherwise improperly or irregularly exercised, but without prejudice to any claim of damages competent against the person exercising the power.

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