Commentary on Sections Compensation in consequence of rectification Section 85: Rectification: circumstances where liability excluded
197.This section provides for the limitations to the Keeper’s liability to pay compensation under section 84 in respect of rectification of an inaccuracy. Paragraph (a) excludes liability, for example, where rights have been changed by an off-register event such as long negative prescription (for example where a servitude right of access is extinguished where it is not used over 20 years).
198.Paragraph (c) provides that the Keeper has no liability in relation to rectifications of inaccuracies caused by the fact the title is in favour of a prescriptive claimant. This means, for example, rectification to remove an entry relevant to a prescriptive claimant where their title has been successfully challenged, would not result in liability.