Problem (4) The Missives Are Void
Scotland follows the abstract system, the transfer is viewed separately
from the contract.
Do defects in the contract affect the conveyance?
Example. Alan dispones land to Betty. Betty registers the disposition in
Competition of Title
There is only one property so only one person will get the property. Whoever registers
first because the disposition is a perfectly valid one. The moment the first person
registers, someone is left with a worthless disposition in the
THE FEUDAL SYSTEM
No one owns land outright, you always hold it from someone else.
All land belongs to the crown. (a.k.a as superior)
| the crown feu the land to their supporters
the land then gets the right to use the land in exchange for
Need the 2012 Statutes Avizandum Statutes on Scots Property, Trusts
and Succession Law (2012)
Four Questions out of 6 Problem type questions.
Multiple Choice Test 20% in January. One hour and there will be 10
Need to watch podcasts on Execu
Insolvency Of One Of The Parties.
A sale involves an exchange of assets. The seller (Alan) begins the transaction with the
property, and the buyer (Betty) begins with the price. At the end of the transaction the
position is reversed: Betty ha
Deals with the case where you yourself do not have physical control of a thing,
but the person who does have physical control is holding the property for you.
Dry cleaners example from above the dry cleaner is holding it for you,
Problem (1) Transferor does not own
If Alan does not own the property he cannot sell it to Betty.
Derivative acquisition requires consent of the owner. So the transferor
must either be owner or a person whom the owner has authorised to
make the transfe
Problem (2): Transferor owns land but not now
If the transferor does not own at the time of registration of the
disposition but becomes owner later, ownership passes at that moment
to the original transferee. So absence of title at the time of the
How do you become the owner of property?
Original and Derivative Acquisition
Derivative - acquiring ownership from someone else
Original acquisition without reference to previous ownership.
(brand new title)
Alan is transferri
Warrandice - The guarantees that a buyer gets
Very often under section 86, 91 a good faith purchaser would be rather safe under the
2012. Legislation will reduce the amount of cases that will rely on the guarantees.
4 different warrants.
The Edinburgh Law School
EXTRACT FROM PREFACE TO
PRINCIPLES OF THE LAW OF SCOTLAND
FOR THE USE OF STUDENTS IN THE UNIVERSITY OF EDINBURGH
by George Joseph Bell, Esq
Advocate, Professor o