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Registered land – Rectification of registered title. Court of Session: Refusing an appeal by an appellant who was in dispute with the respondent as to the precise boundary of her property and who applied to the Lands Tribunal for rectification of the registered titles, the court held that the tribunal correctly concluded that the appellant's title was not capable of being construed so as to convey the solum of the track in front of her property, and was accordingly not habile to found the acquisition of title to that area by positive prescription, and it rejected arguments that the tribunal erred in relation to the respondent's possession of the disputed area and in its consideration of prejudice to her.
Registered land – Rectification of registered title. Court of Session: Refusing an appeal by an appellant who was in dispute with the respondent as to the precise boundary of her property and who applied to the Lands Tribunal for rectification of the registered titles, the court held that the tribunal correctly concluded that the appellant's title was not capable of being construed so as to convey the solum of the track in front of her property, and was accordingly not habile to found the acquisition of title to that area by positive prescription, and it rejected arguments that the tribunal erred in relation to the respondent's possession of the disputed area and in its consideration of prejudice to her.
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