The positive prescription in scotland is ten years it allows a person who has possessed land openly, peaceably and without interruption on the strength of an ex facie valid recorded title covering the land in question, to obtain a good title to it.
Users without a subscription are not able to see the full content please, subscribe or login to access all content. There are two forms of prescription, positive and negative positive prescription land positive prescription provides that where someone has possessed land “openly, peaceably and without judicial interruption (a court action which challenges the possession in question)” on the strength of a valid recorded title covering the land in question for 10 years they will obtain a good title to it. Can i acquire land by positive prescription over 10 years if that land is a local nature reserve on land owned by the local council i have used such land, as have my neighbours, in front of our properties for over 10 years (and previous owners since late 1980’s) cultivated, parked vehicles, recycling bins, etc.
Prescription and limitation (scotland) act 1973, cross heading: negative prescription is up to date with all changes known to be in force on or before 09 september 2018 there are changes that may be brought into force at a future date. Possession after registration will count towards the prescriptive period subject to the rules contained in the prescription and limitation (scotland) act 1973 where the prescriptive claimant application stems from an earlier disposition a non domino , a period of prescriptive possession could already be running, which would serve to satisfy the one year possession requirement.
A servitude can also arise through a process known as positive prescription, by which the right is acquired through use for at least 20 years openly, peaceably and without judicial interruption, and a servitude can also be extinguished through non-use for the same period.
Scottish law commission made the proposal in favour of statutory form of positive prescription to govern the areas of moveable property and its latest report published draft bill to this effect this essay shall explore this area and make conclusion whether positive prescription should be introduced in scotland.
This thesis examines the establishment of servitudes by positive prescription in scots law, with particular reference to the doctrine’s conceptual development and the nature of possession required under section 3 of the prescription and limitation (scotland) act 1973.
The provisions on prescriptive claimants in sections 43 - 45 of the 2012 act are a set of rules for when the keeper must accept a disposition a non domino the general law of prescription will continue to operate in the usual way, running on the relevant deed. The relevant scottish provisions are set out in the prescription and limitation (scotland) act 1973 (the act) limitation in scotland functions in a similar way to the equivalent rule in english law by placing a procedural bar on bringing further claims, but in scotland, limitation applies only to personal injury claims, which are subject to three year limitation.