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A disposition in Scots law is a formal deed transferring ownership of corporeal heritable property. It acts as the conveyancing stage as the second of three stages required in order to voluntarily transfer ownership of land in Scotland.
Sharp v Thomson 1997 SC(HL) 66 is a United Kingdom House of Lords decision regarding the status of an unrecorded disposition in Scots Property Law. [1] The case was brought by Sharp as receivers for Albyn Construction Ltd, a building company who had sold a house in Aberdeen to the Thomsons, a brother and sister. Albyn had agreed to sell the ...
The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition. [31] However, many conveyancers still include the use of a 2-year supersession clause in the Missives of Sale to ensure that contractual obligations come to end after 2 years rather than by negative prescription under ...
Compulsory purchase are powers to obtain land in Scotland that were traditionally available to certain public bodies in Scots law.Scots law classifies compulsory purchase as an involuntary transfer of land, as the owner of the corporeal heritable property (land) does not consent to the transfer of ownership.
Sir Gerald Henry Gordon CBE KC (born 17 June 1929) [1] [2] is a Scottish lawyer who is the editor of Scottish Criminal Case Reports and of Renton and Brown's Criminal Procedure, and author of The Criminal Law of Scotland. [3]
The complete set consists of over 130 titles in 25 volumes and Reissue binders. It covers the whole spectrum of Scots law, from Administrative Law, through Criminal Law, Obligations and Property, to Wills and Succession. Stair Memorial Encyclopaedia is also available as a searchable electronic archive on a paid subscription basis.
David Hume, Baron Hume of Ninewells FRSE (1757–1838) was a Scottish advocate, judge and legal scholar, whose work on Scots criminal law and Scots private law has had a deep and continuing influence. He is referred to as Baron Hume to distinguish him from his uncle, David Hume the philosopher. [1]
The Commission exists to keep Scots law under review and recommend reform as needed. The commission's scope encompasses devolved and reserved matters, as defined by the Scotland Act 1998 and as such has a duty for laws that are the responsibility of the Parliament of the United Kingdom, as well as those that are the responsibility of the Scottish Parliament.