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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]
This is a list of acts of the Parliament of Scotland for the year 1705. It lists acts of Parliament of the old Parliament of Scotland, that was merged with the old Parliament of England to form the Parliament of Great Britain, by the Union with England Act 1707 (c. 7). For other years, see list of acts of the Parliament of Scotland.
Margaret concludes Missives of Sale to sell her house to Innes, and Innes pays the purchase price to her. Innes then takes delivery of a validly executed disposition. Margaret's solicitor, as commonly agreed in the missives of sale, applies for an advance notice to be placed in the Land Register relating to the disposition given to Innes on 4 ...
The position in Scotland under Scots law is that the contract is generally concluded at a much earlier stage than in the English & Welsh and common law jurisdictions. The contractual stage of the transfer is called the missives of sale between the buyer, or buyer's agent, and seller, or seller's agent.
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