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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A sheriff issued an extract decree to remove the defender(

Customer Question

A sheriff issued an extract decree to remove the defender( summarily to flit and remove herself etc) from a site on which she had an a non domino title which has exclusion of indemnity.
This had been a transaction for a £1 between herself and her husband.
The Keeper in 2005 had issued a letter to her stating that she had not proved prescriptive rights.
The owner has imprescriptible rights to the land.
The Keeper has cancelled the application for registration in the owner's
name because the "Keeper does not consider this decree sufficient for that purpose"
If a Sheriff's decree is not sufficient what is?
I understood that the Keepers role was administrative
I thank you in advance for your comments
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Why is the owner applying for registration in his name. Does he not already hold a valid title? Evidence of that title should be the evidence needed to displace the a non domino title.

A decree for ejection is just that. In the absence of a decree of declarator the keeper will look for a prescriptive progress of titles leading up to the current owner's title.

For those reasons, could you explain your situation a little more?

Customer: replied 3 years ago.
The history of my clients title goes back over a century in the Sasine Register
The Sheriff had been given that information and more
The site had a mansion on it which burnt down 30 yrs ago and no
Rebuilding took place
The previous feuars were ejected by a decree which I obtained in the Sheriffs court
The keeper was not satisfied with that so we proceeded and got the latest writ
I had obtained all the internal file papers using FOI
I am a directly regulated IFA
I have sent the keepers response back to the Sheriff Clerk Depute that signed the writ
Thanks
Expert:  JGM replied 3 years ago.
Does your client have a current, valid and marketable title in the Sasine Register which can be established by a prescriptive progress of titles going back at least 10 years?

If that is the case, then the Keeper would have to give a good reason for allowing a completely separate a non domino title.

Forget the Sheriff Court action for a moment; an action for ejection doesn't necessarily have anything to do with title ownership.

Tell me why you were applying for registration of the title when you assert that you act for the owner. A lawful heritable proprietor doesn't have to register his title; his title by definition is already on record either on the Sasine register or on the Land Register.

Can I please have all the information about the title and I will try to help you.