However, it came into greater usage following the Prescription Act 1617 (c. 12 (S)), an act of the Parliament of Scotland: While the wording of the act indicates that positive prescription was introduced to serve as a method of rectifying situations where the lieges (ie: the King of Scot's subjects) had lost important documents proving their ownership of held property, commentators such as Wightman argue that the introduction of positive prescription was actually a "means to legitimise the appropriation of land which had never been granted to the owner in the first place.

[11] Today, the usage of positive prescription is strictly limited in application to specific claims, as explained below.

[14] However, while the servitude may validly exist under Scots law,still may not be appear on the Land Register, as acquisition by prescription is one of the main exemptions from the requirements of registration of real rights.

The requirements are: After the 20 year prescriptive period concludes, the existence of the public right of way is beyond legal challenge.

[14] Similarly to prescriptive servitudes, a public right of way may not be denoted in the Land Register but still validly exist.

Justice between the parties to litigation means that after a certain lapse of time it is actually fairer to deprive a pursuer of a right than to allow it to trouble a defender.

That is connected with concerns about stale or missing evidence and the difficulties facing a court in trying to administer justice in those circumstances.

A well moderated law of prescription will serve the public interest by promoting legal certainty and the efficient use of resources.

[22] The passage of 20 years is considered the long-stop date for all obligations and real rights bar those specified as imprescriptible or relating to personal injury.

Particular examples are court records or other public documents which are held by whoever may have custody of them for the benefit of the community at large and not for the individual possessor.