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Scots law follows the principle that traditionibus non nudis pactis dominia rerum transferuntur: ownership is transferred by delivery (or other conveyance) and not by bare contract. [4] As discussed above, a contract or delict only creates binding personal obligations, rights in rem (real rights) are not capable of transfer by contract alone.
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 ...
Souvenir plots are a sales practice in which sellers advertise (usually online) that the buyer will obtain ownership of a small tract of land in an estate in Scotland, with the seller falsely advertising that they have the right to style themselves as "Laird" or "Lady" in Scots law. However, souvenir plots are banned for registration in the ...
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]
The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition.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 ...
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 ...
The Scots were certainly aware of this, and it was likely chosen over other codifications because it best suited Scottish interests by providing a framework that had already proved itself to be successful, and one that addressed issues particular to Scottish law, but issues that mostly were common to both Scottish and English law. Where it was ...