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The missives of sale, in Scots property law, are a series of formal letters between the two parties, the Buyer and the Seller, containing the contract of sale for the transfer of corporeal heritable property (land) in Scotland.
This legal rule, still in force today under the Land Registration (Scotland) Act 2012, gives rise to the concept of the 'race to the registers' in which the disponee (commonly, the buyer following the conclusion of missives of sale) must record the disposition granted to him in the Land Register, thwarting all other potential third party claims ...
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 the running the full statutory 20-year period under the Prescription and Limitation (Scotland) Act 1973. [24]
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. [1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).
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Accession (Latin accessio) is a method of original acquisition of property under Scots property law.It operates to allow property (the accessory) to merge with (or accede to) another object (the principal), either moveable or heritable. [1]
The Sale of Goods Act 1979 (c. 54) is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in respect of goods that are sold and bought. The Act consolidated the original Sale of Goods Act 1893 and subsequent legislation, which in turn had codified and consolidated the law.