S10.2 Dispositions A Non Domino by A to A
In the case of The Board of Management of Aberdeen College v Stewart Watt Youngson and another [2005] CSOH 31, the Outer House decided that a disposition by a person in favour of himself in exactly the same status or category is invalid ex facie. It is not a foundation writ for the purposes of positive prescription in terms of section 1 of the Prescription and Limitation (Scotland) Act 1973.
The result is that it is not possible to use section 1(1)(a) of the 1973 Act to establish a title that is exempt from challenge on the basis of a disposition recorded in the General Register of Sasines by a person in favour of himself. This is because section 1(2)(a) disapplies section 1(1) where the deed is invalid ex facie.
Dispositions a non domino by a person to a third party (A to B) presented for dual/joint recording/registration should continue to be considered in line with the Keeper's current a non domino policy on speculative or vexatious dispositions.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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