transfer of land Flashcards
who owns the land in scot?
19 mil acrs = rural
2.5 mil dwelling houses
1mil acrs in community ownership
feudal system abolished
2004 with the abolition of feudal tenure scot act 2000
who owned all the land in the feudal system
crown, which feued it out to private individuals who were known as vassals
what was ownership refered to as
dominium
dominum directum = the superior ( no limit to number of superiors as land could be subfeud)
dominum utitle = the vassal (only ever one vassal on a perpetual lease)
what does subfeud require
a deed/ giving to sasine/ instrument of sasine/ reg/transfer of dom utile or superiority involved similar process
NOW sale of land the three stages
CONCLUSION OF CONTRACT
SETTLEMENT: DELIVERY OF DISP
REGISTRATION OF THE DISP IN LAND REG
CONCLUSION OF CONTRACT
missives of sale or articles of roup
seller remains owner
in practice an advance notice will all so be reg ( this gives priorty to purchesor for 35 days
only personal rights under missives
SETTLEMENT DELIVERY OF DISP
on delivery purchesor requires further personal rights to add to the personal rights under the missives . thus the disp confers certain contractual rights, NOTABLY WARRINDICE!.
purchesor has the power tpo become owner by simply reg the disp.
by sat concession he can grant dip to somone else
reg in land reg
purchesor becomes owner
e- conveyaning
ROWA S.1(2) both missives and disp can be electronic. reg can also be electronic . ARTL system. began in 2007.