Involuntary Transfer Flashcards
For involuntary transfer are the 3 steps still followed?
Yes
Contract +conveyance+ external act = transfer
What is the difference from voluntary transfer?
No consent is needed.
What are the situations where involuntary transfer would occur?
- compulsory purchase
- Community right to buy
- Repayment of debt
- Forfeiture
- Death
What is the premise behind compulsory purchase?
Transfer of land for the public good
What sort of property does compulsory purchase relate to?
Only land
Who forces compulsory purchase?
Government
What two acts cover compulsory purchase?
Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
- Town and Country Planning (Scotland) Act 1997
What is the procedure for compulsory purchase?
- Drafty a compulsory purchase order
- Hearing on objections
- CPO confirmed and registered
What is included in the draft of the compulsory purchase order?
- 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
Hearing on objections involves what?
- 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
What is involved in getting the CPO order confirmed and registered in the land register?
- 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
What is the conveyance stage of the transaction?
Schedule conveyance
or
General Vesting Declaration
What is involved in schedule conveyance?
- Special kind of disposition
- land owner must sign it
What is involved in the General Vesting declaration?
- used if owner unwilling to sign the schedule conveyance
- only local authority signs
What happens once the schedule conveyance or the general vesting declaration is completed?
It is registered and ownership transfers
What is the general standard of compensation given?
To put person in same position they would be in otherwise
What can owner do if he is unhappy about the compensation received?
Go to Land Tribunal
What is involved in community right to buy?
Forced transfer of land from private owner to community group
What act governs community right to buy?
The Land Reform (Scotland) Act 2003
What sort of land is it in relation to?
Rural land
What must the parties do?
Community must register their interest on the register of community interest then if private owner wants to sell he must give them first refusal
What is the second act to govern this?
Community Empowerment (S) Act 2015
What does this do?
- extend power to all land
- seller must be willing unless land ‘abandoned or neglected’ whereby sale can be forced
What land does the Land Reform (s) Bill extend it to?
All land in order for ‘sustainable development’
What does repayment of debt involve?
Transfer of property from debtor to creditor to repay loan
Two types of creditors
- Secured creditor
- ordinary creditor
What is involved with a secured creditor?
- creditor granted security
- so when debt not repaid creditor can force sale
What is involved with an ordinary creditor?
Diligence : ask courts to let you gain ownership over debtors things
What is the diligence process?
- Adjudication (land- not homes, only commercial property)
- Attatchment (corporeal moveables)
- Arresetment and forthcoming (incorporeal)
2 types of diligence
- seize diligence (get ownership)
- freeze diligence (ownership frozen in debtors hands
When does insolvency come into play?
When debtor bankrupt
What is sequestration?
- when individual bankrupt
- all assets become property of trustee
What is liquidation?
- when company is bankrupt
- no forced transfer, company still owns assets.
What is involved with forfeiture?
Forced to give to state because you’ve done something wrong
ill gotten gains
What acts are examples of forfeiture?
- 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)
What happens in the event of death?
- assets distributed
- executor appointed
- confirmation by judicial conveyance
