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The process of sub-infeudation may be repeated to an indefinite extent. The Conveyancing (Scotland) Act 1874 rendered any clause in a disposition against subinfeudation null and void. [4] [7] Casualties, which are a feature of land held in feu, are certain payments made to the superior thar are contingent on the happening of certain events.
The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) was a land reform enforced by an Act of the Scottish Parliament that was passed by the Scottish Parliament on 3 May 2000, and received Royal Assent on 9 June 2000.
3 Disposition. The Seller DISPONES the Property to the Purchaser." [27] As shown, the disposition acts in furtherance of the causa of the transfer, commonly a contract of sale, and effects the transfers (the disponement) of the property itself . However, a disposition still requires registration in the Land Register of Scotland. [21]
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"the granter of a feu disposition retained an interest in the property – the superiority (or dominium directum). This interest gave the granter the right to enforce conditions over the property. The grantee had the right to possess the property (or dominium utile), providing that they did not breach any of the conditions set by the granter."
B pays the purchase price upon the date of entry and obtains a forged disposition from A, who has signed it, impersonating C. B's solicitors send the disposition to the Land Register of Scotland and the Keeper, believing it to be valid, enters it into the Land Register of Scotland and updates the Title Sheet to name B as owner of the land.
mygov.scot is a Scottish Government public sector information website. The site has been created to provide a single point of access to central government services in a way that is “easy to find and simple to use.”. [1]
A schedule conveyance is a voluntary transfer in which the owner signs a special form of deed, a schedule conveyance disposition. The prescribed form for this deed is found in the Lands Clauses Consolidation (Scotland) Act 1845. [66] In order to initiate this process, the acquiring authority must issue a notice to treat with the owner. [67] [68]