Ministers move to implement Commission's moveables report

Proposed rules conferring ownership of moveable property through long term possession have been put out to public consultation by the Scottish Government.

Ministers are proposing to promote a bill recommended by the Scottish Law Commission in its 2012 report on Prescription and Title to Moveable Property.

It would provide, basically, that a person who possesses an object in good faith and without negligence becomes the owner after 20 years; and that a person who holds a lent or deposited object can become owner after 50 years, if the original owner (or owner’s successor) cannot be traced.

The Crown could acquire ownership of objects after 60 years when nobody possessed them, but might disclaim ownership. Abandoned moveable property would be deemed to be ownerless.

The bill also sets out how the time periods would be calculated. It would not come into force until three years after Royal Assent.

Announcing the consultation, Minister for Community Safety and Legal Affairs, Paul Wheelhouse, said: “While many day-to-day objects have little value, some objects like paintings, works of art, antiques and jewellery could have considerable value. These proposals would see the law clarified in some situations where ownership is complex and they will protect people who have acted in good faith.

“These proposed changes could also have a particular beneficial impact on bodies like museums and art galleries.

“A key aim of the Bill is to help clarify ownership in cases such as, for example, where the person possessing the object bought it in good faith from a person who did not actually own it.”

Click here to access the consultation. The deadline for responses is 23 September 2015.