Converting possession to ownership

From Peebles

The Scottish Law Commission has proposed two rules in its Eight Programme of Law Reform (2010-2014). The first allows a good faith acquirer to become owner after 20 years of unchallenged possession and the second allows an individual but more likely a museum or gallery to take ownership of an item that has been lent to it for 50 years if during which time there has been no contact with the owner and the owner cannot be traced. There is no special provision for Common Good or other community assets which have been dispersed for historical reasons. It concerns me that there is no compulsion to return the assets of a community to that community unless it can be proved that the sale/dispersal of the asset was with the agreement of the community. Here in the Scottish Borders we know that with the dissolution of the Town Councils, moveable community assets were dispersed to places of safe keeping outwith the community or among individuals in the community. Unfortunately inadequate records were kept of where the assets were lodged and here in Peebles we have embarked upon the laborious task of trying to identify what assets are missing and where they might be held. Unfortunately time is against us since this change to law may be introduced within four years. The link you to which might like to refer is: http://www.scotlawcom.gov.uk/news/converting-possession-to-ownership/

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