2. Legal Framework - PL in Scotland

Question 1

What is absolute ownership?

Answer 1

Near equivelant to Freehold. The superior can register a real burden over land.

Question 2

What are real burdens?

Answer 2

These resemble easements, positive and restrictive covenants in the rest of the UK.

Question 3

What is a matrimonial home?

Answer 3

When a person who lives or has lived in a property with their spouse but is not a joint owner of it. They still have rights to the property and the home cannot be sold without a court order unless a final divorce settlement has been made.

Question 4

What is a form of repair notice?

Answer 4

Someone in control of a property can be forces to undertake repairs to a satisfactory standard if the property is deemed to be in serious disrepair, in danger of becoming in serious disrepair or in danger of causing damage to another property.

Question 5

What is Sequestration?

Answer 5

Bankruptcy - A person can opt for self sequestration with the agreement of a lender or if they owe more than £1500 or if they have served:

A charge for payment and 14 days notice have elapsed

A statutory demand and 21 days have elapsed

An earnings arrestment as a result of a charge for payment

Discharge is usually granted after 3 years