My Form P16 Report reveals a discrepancy between title and occupation. Will the Keeper accept a Section 19 Agreement as a means of bringing title and occupation into line?
A. Section 19 of the Land Registration (Scotland) Act 1979 is stated to apply “where the titles to adjoining lands disclose a discrepancy as to the common boundary”. In other words, it applies only where there is a discrepancy between the titles (e.g. where the land is included in the title deed plans for both properties, but the bounding descriptions imply that the titles adjoin), not where there is a discrepancy between title and occupation (e.g. where one proprietor has title and another proprietor has occupation). The Keeper will not accept a Section 19 Agreement where remedial conveyancing is the more appropriate remedy.
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