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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.
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]
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 ...
The final legislation to introduce a new map-based system was the Land Registration (Scotland) Act 1979 (c. 33) which introduced a map-based Land Register of Scotland. The 1979 act provided that each county of General Register of Sasines would transfer over to the new Land Register. The 'live' date for each county was: [9]
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A souvenir plot of land is a novelty item that purports to give the holder ownership over a very small piece of land, such as 1 inch squared or 20 ft squared. The novelty item may or may not purport to confer additional benefits such as products based on the commonly held, but false, belief that all landholders in Scotland have the right to title themselves "Laird", "Lord, or "Lady".
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It is common practice, for example in the missives of sale of a house, to include certain fittings such as whitegoods or curtains, as is the case with the Scottish Standard Clauses. [28] This means that a voluntary transfer of fittings will also take place when the heritable property is sold to avoid any disputes or litigation as to what it is ...