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3 Disposition. The Seller DISPONES the Property to the Purchaser." [27] As shown, the disposition acts in furtherance of the causa of the transfer, commonly a contract of sale, and effects the transfers (the disponement) of the property itself . However, a disposition still requires registration in the Land Register of Scotland. [21]
The process of sub-infeudation may be repeated to an indefinite extent. The Conveyancing (Scotland) Act 1874 rendered any clause in a disposition against subinfeudation null and void. [4] [7] Casualties, which are a feature of land held in feu, are certain payments made to the superior thar are contingent on the happening of certain events.
Long title: An Act of the Scottish Parliament to abolish the feudal system of land tenure; to abolish a related system of land tenure; to make new provision as respects the ownership of land; to make consequential provision for the extinction and recovery of feuduties and of certain other perpetual periodical payments and for the extinction by prescription of any obligation to pay redemption ...
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 ...
These special dispositions, which appear valid ex facie but are otherwise invalid, are called a non domino (i.e. from a non-owner) dispositions and the registration process of the a non domino disposition is known under the Land Registration (Scotland) Act 2012 [124] as a prescriptive claim, and the applicant is known as a prescriptive claimant.
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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. The term 'land' in this article includes buildings and other structures upon land. [1]
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