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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 ...
Today, Scots property law is part of Scots private law and as such is a devolved competence of the Scottish Parliament under the Scotland Act 1998. [ 2 ] [ 3 ] The Scottish Parliament has introduced key pieces of legislation in relating to property law: notably the Land Reform (Scotland) Act 2003 , the Abolition of Feudal Tenure etc. (Scotland ...
The Scottish Law Commission also noted that letters of obligation were deeply unpopular with the Scottish legal profession and had resulted in increased costs for clients because of the insurance premiums required to cover the law firm being passed on to the client. [184] The Law Society of Scotland was also critical of letters of obligation. [186]
Scotland's supreme criminal court is the High Court of Justiciary. [2] The Court of Session is the supreme Scottish civil court [3] but UK-wide courts can review decisions of great public or constitutional importance. Scots law is developed and interpreted by the courts of Scotland, particularly the supreme courts.
A full discussion of the rules for compensation in Scottish compulsory purchase can be found in Part 3 of the Scottish Law Commission's Discussion Paper of Compulsory Purchase (2014, SLC DP No: 159), available to view for free online. [94]
Complex Post-Traumatic Stress Disorder (CPTSD) Complex PTSD is a form of PTSD that can develop in people who experience ongoing or long-term trauma or multiple traumas. This may include ...
The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition.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 ...