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Scots Property Law > Involuntary Transfer > Flashcards

Involuntary Transfer Flashcards

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1
Q

For involuntary transfer are the 3 steps still followed?

A

Yes

Contract +conveyance+ external act = transfer

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2
Q

What is the difference from voluntary transfer?

A

No consent is needed.

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3
Q

What are the situations where involuntary transfer would occur?

A
  • compulsory purchase
  • Community right to buy
  • Repayment of debt
  • Forfeiture
  • Death
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4
Q

What is the premise behind compulsory purchase?

A

Transfer of land for the public good

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5
Q

What sort of property does compulsory purchase relate to?

A

Only land

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6
Q

Who forces compulsory purchase?

A

Government

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7
Q

What two acts cover compulsory purchase?

A

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

  • Town and Country Planning (Scotland) Act 1997
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8
Q

What is the procedure for compulsory purchase?

A
  • Drafty a compulsory purchase order
  • Hearing on objections
  • CPO confirmed and registered
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9
Q

What is included in the draft of the compulsory purchase order?

A
  • Sets out what land they want to acquire
  • Explains why they want it
  • Sets out the compensation rules (i.e. what they will pay for it)
  • Like contract stage
  • Serve it to the public
  • people can then object on principle or details
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10
Q

Hearing on objections involves what?

A
  • if objection registered then there will be a hearing where they can make their points
  • Local authority can decide whether or not to proceed
  • you can get the decision judicially reviewed
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11
Q

What is involved in getting the CPO order confirmed and registered in the land register?

A
  • if there are no objections or if they decide to go ahead
  • Doesn’t have the effect of transferring ownership, only the contract stage. But must be done as party is public not private
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12
Q

What is the conveyance stage of the transaction?

A

Schedule conveyance
or
General Vesting Declaration

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13
Q

What is involved in schedule conveyance?

A
  • Special kind of disposition

- land owner must sign it

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14
Q

What is involved in the General Vesting declaration?

A
  • used if owner unwilling to sign the schedule conveyance

- only local authority signs

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15
Q

What happens once the schedule conveyance or the general vesting declaration is completed?

A

It is registered and ownership transfers

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16
Q

What is the general standard of compensation given?

A

To put person in same position they would be in otherwise

17
Q

What can owner do if he is unhappy about the compensation received?

A

Go to Land Tribunal

18
Q

What is involved in community right to buy?

A

Forced transfer of land from private owner to community group

19
Q

What act governs community right to buy?

A

The Land Reform (Scotland) Act 2003

20
Q

What sort of land is it in relation to?

A

Rural land

21
Q

What must the parties do?

A

Community must register their interest on the register of community interest then if private owner wants to sell he must give them first refusal

22
Q

What is the second act to govern this?

A

Community Empowerment (S) Act 2015

23
Q

What does this do?

A
  • extend power to all land

- seller must be willing unless land ‘abandoned or neglected’ whereby sale can be forced

24
Q

What land does the Land Reform (s) Bill extend it to?

A

All land in order for ‘sustainable development’

25
Q

What does repayment of debt involve?

A

Transfer of property from debtor to creditor to repay loan

26
Q

Two types of creditors

A
  • Secured creditor

- ordinary creditor

27
Q

What is involved with a secured creditor?

A
  • creditor granted security

- so when debt not repaid creditor can force sale

28
Q

What is involved with an ordinary creditor?

A

Diligence : ask courts to let you gain ownership over debtors things

29
Q

What is the diligence process?

A
  • Adjudication (land- not homes, only commercial property)
  • Attatchment (corporeal moveables)
  • Arresetment and forthcoming (incorporeal)
30
Q

2 types of diligence

A
  • seize diligence (get ownership)

- freeze diligence (ownership frozen in debtors hands

31
Q

When does insolvency come into play?

A

When debtor bankrupt

32
Q

What is sequestration?

A
  • when individual bankrupt

- all assets become property of trustee

33
Q

What is liquidation?

A
  • when company is bankrupt

- no forced transfer, company still owns assets.

34
Q

What is involved with forfeiture?

A

Forced to give to state because you’ve done something wrong

ill gotten gains

35
Q

What acts are examples of forfeiture?

A
  • Proceeds of Crime Act 2002 (drug money)
  • Anti-Terrorism Crime and Security Act 2001 (if giving money to terrorists)
  • immigration AND aSYLUM aCT (vehicle can be confiscated if smuggling)
  • Sustoms and Excise acts
  • Parricide Act 1595 (If you kill parent can’t inherit)
36
Q

What happens in the event of death?

A
  • assets distributed
  • executor appointed
  • confirmation by judicial conveyance

Scots Property Law (13 decks)

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