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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 ...
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.
There is separate legislation for Scotland that requires anyone selling a property to provide a Home Report. [1] The pack was a set of documents about the property: an Energy Performance Certificate, local authority searches, title documents, guarantees, etc. The introduction of HIPs was subject to delays and reduced requirements, but they ...
The final legislation to introduce a new map-based system was the Land Registration (Scotland) Act 1979 (c. 33) which introduced a map-based Land Register of Scotland. The 1979 act provided that each county of General Register of Sasines would transfer over to the new Land Register. The 'live' date for each county was: [9]
Long title: An Act to give security of tenure, and the right to buy their homes, to tenants of local authorities and other bodies; to make other provision with respect to those and other tenants; to amend the law about housing finance in the public sector; to make other provision with respect to housing; to restrict the discretion of the court in making orders for possession of land; and for ...
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
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The accessory, as a matter of property law, becomes an inherent part of the principal. This means that where the ownership of the principal is transferred, ownership will travel with it, e.g. when a house is sold, the tree planted in the garden of the house is transferred with the land.