Commentary on Sections Specific provisions on competence and effect of registration Section 50: Transfer by disposition
143.Subsection (2) continues the important principle that a real right in ownership can only transfer when a valid disposition is registered.
144.Subsection (4)(a) makes subsections (1) to (3) subject to provisions in the Act on prescriptive claimants and persons acquiring in good faith from a person with invalid title. Subsection (4)(b) makes subsections (1) to (3) subject to any other enactment or rule of law under which ownership may pass. The most significant of these is transfer of ownership by operation of a survivorship destination contained in a disposition.
145.Subsection (5) makes it clear that this section covers udal land (which exists in Orkney and Shetland).