Search results
Results from the WOW.Com Content Network
Only a conveyance, as a separate legal act, can effect the transfer agreed to by contract between the parties. Scotland has an abstract property legal system, meaning the conveyance does rely on the causa of the transfer. [6] In Scots law the recognised causae traditionis for transfer of property are: loan for consumption , gift
Therefore, Scotland differs from common-law jurisdictions such as England & Wales by requiring a conveyance stage as well as the formation of a contract. While a conveyance may be valid irrespective of the contract, the reasons for the contract's invalidity may also extend to invalidate the conveyance as a vitium reale .
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. In Scots law, the term 'property' does not solely describe land. Instead the term 'a person's property' is used when describing objects or 'things' (in Latin res) that an individual holds a right of ownership in. It is the rights that an ...
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).
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]
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
Feu was long the most common form of land tenure in Scotland. Conveyancing in Scots law was dominated by forms which were called feudal until the Scottish Parliament passed the Abolition of Feudal Tenure etc. (Scotland) Act 2000. [Note 1] The word is the Scots variant of fee.
At common law, a promise had to be proved by writ or oath. However, after the introduction of the Requirements of Writing (Scotland) Act 1995, a promise need only be evidenced in writing for: the creation, transfer, variation or extinction of a real right in land (s 1(2) (a)(i) of Requirements of Writing (Scotland) Act 1995); and