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Registered land – Rectification of Land Register – Standard security – Disposition by creditor on sale. Court of Session: In an action in which the pursuer sought rectification of the Land Register in relation to a property he had purchased from a bank, the bank having obtained a warrant from the court to sell the property under the power of sale in its standard security, without serving a calling-up notice, and the first defender, on the pursuer applying to register the disposition, having deleted the bank's standard security from the charges section of the title sheet but retained entries for the second and third defenders' securities, the court held that on the disposition being duly recorded in the register the property was disburdened of the bank's standard security and of the second and third defenders' securities and the retention of the entries for the latter was an inaccuracy in the register requiring rectification.
Registered land – Rectification of Land Register – Standard security – Disposition by creditor on sale. Court of Session: In an action in which the pursuer sought rectification of the Land Register in relation to a property he had purchased from a bank, the bank having obtained a warrant from the court to sell the property under the power of sale in its standard security, without serving a calling-up notice, and the first defender, on the pursuer applying to register the disposition, having deleted the bank's standard security from the charges section of the title sheet but retained entries for the second and third defenders' securities, the court held that on the disposition being duly recorded in the register the property was disburdened of the bank's standard security and of the second and third defenders' securities and the retention of the entries for the latter was an inaccuracy in the register requiring rectification.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
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