Effect of the Negative Prescription, relative to Rights of Property.
Presbytery of Perth v. The Magistrates of Perth
Date: 24 December 1728 Case No. No 34.
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In a declarator of the property of lands, the defenders, who had been above 40 years in possession, without offering to produce any title, objected to the pursuers the negative prescription. The answer was, That where a complete right of property is once established, such right must for ever remain, unless where transmitted by conveyances legal or conventional, or unless where acquired by a third party, in virtue of the act 1617, by the positive prescription, which holds a fortiori in this case, the defenders having produced no sort of title. The Lords repelled the allegeance of negative prescription, in respect of the answers, that the defenders had produced no title. See Appendix.
