incolontary transfer

Question 1

what are the principal cases of involuntary tranfer

Answer 1

cupolsory purchase.
sale by secured creditor
diligence
sequestration
death

Question 2

compulsory purchase

Answer 2

CPO( compulsory purchase order)
these are generally stat powers held by a no of public bodies.
when powers excercised land can be acquired without consent of the owner. BUT compensation must be paid.
s.14 compentation scot act
first service of CPO
then TRANFER OF OWNERSHIP VIA A GENERAL VESTING DECLARTION OF SCHEDULE CONVEYANCE

Question 3

CPO

Answer 3

procedure laid out in sch 1 acquisition of land 1979.
once laid out there is a period of 21 days for objection..
thewn CPO= CONFIRMED
CPO IS REG IN LANd REG

Question 4

schedule conveyance

Answer 4

regulated by the land clauses scot act 1845

the transfer process begins with notice to treatwhich on service operates as binding contract of sale

Question 5

GENERAL VENTING DECLARATION

Answer 5

classified as involuntary because the transferor does not consent to the disp being given. sch 15 town and planning act 1997

Question 6

sale by secured creditor

Answer 6

most rights in security confer creditor power of sale. if debtor defaults creditor can sell.
the property is owned by the debtor NOT the creditor. BUT act of sale IS actioed by the creditor= involuntary transfer

Question 7

DILIGENCE

Answer 7

Creditor attaches the property of his debtor as a means of enforcing a pyment of unpaid debt.
a sieze diligence would be the involventary treansefer as this is where the ceditor can sieze the property belonging to the debtor.
BAD ACT 2007
the creditor does not acquire ownership but a right in security he is then able to recover his debt in much the same way as the other secured creditors

Question 8

sequestration

Answer 8

individual becomes insolvent becomes sequestrated. trustee in sequestration is appointed reg by BAD act s.78

Question 9

death

Answer 9

executor accuired ownership before distriubuting the property. 14(1) succession scot act.