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Scots law follows the Roman law principle that the right of ownership in property (for definition of term see above) is absolute. Other legal systems such as United States jurisdictions consider ownership as a 'bundle of rights' which can be separated into different components and separated amongst different individuals. [2]
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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 ...
B pays the purchase price upon the date of entry and obtains a forged disposition from A, who has signed it, impersonating C. B's solicitors send the disposition to the Land Register of Scotland and the Keeper, believing it to be valid, enters it into the Land Register of Scotland and updates the Title Sheet to name B as owner of the land.
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 ...
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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 ...
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