Property dispute

[daniela]

In 1998, two men own adjoining farms in a county in Scotland, let’s call them Mr A and Mr B. Both men have recorded their titles to the farms in the Sasine Register. Mr B mistakenly believes that a small field on the border between the farms is part of his property but in fact it belongs to Mr A and it even appears in Mr A’s recorded title and not Mr B’s.

However as Mr B believes the field is his he begins to use it for his own purposes. Mr A does not notice this. In 2000, Mr B sells his farm to Mr C and the disposition describes the property as including the field which is really part of Mr A’s farm. Mr C records his title in the Sasine register.

In 2001, the county becomes operational for Land Registration purposes so that when Mr C dispones the farm to Mr D in 2005, the sale triggers a first registration in the Land Register. Mr D’s title, including the field is registered in the Land Register.

In 2011, Mr A who still owns his farm, finally discovers his field being used by Mr D.

Now, this is a fictional scenario… but what I would like to know is, as the field was already in Mr A’s title, does that mean when it was also recorded in Mr C’s title, was it automatically void? Or can it appear in both titles? I realise that when it’s registered in the Land Register Mr D becomes owner due to the Keeper’s ‘Midas’ touch, but was it void to begin with back in 2000?

Also, as 10 years have passed since the field was first recorded by Mr C as being part of his farm, does positive prescription apply for Mr D? Can Mr A get his field back to being his property?

I apologise for the longevity but this little problem is bugging me! Thanks.