If land has been possessed by any person, or by any person and his successors, for a continuous period of ten years openly, peaceably and without any judicial interruption and the possession was founded on, and followed—
then, as from the expiry of that period, the real right so far as relating to that land shall be exempt from challenge.
Subsection (1) above shall not apply where—
In subsection (1) above, the reference to a real right is to a real right which is registrable in the Land Register of Scotland or a deed relating to which can competently be recorded; but this section does not apply to real burdens,servitudes or public rights of way.
In the computation of a prescriptive period for the purposes of this section in a case where the deed in question is a decree of adjudication for debt, any period before the expiry of the legal shall be disregarded.
Where, in any question involving any foreshore or any salmon fishings, this section is pled against the Crown as owner of the regalia, subsection (1) above shall have effect as if for the words "ten years" there were substituted "twenty years".
This section is without prejudice to section 2 of this Act.