Property Law Tutorial 2 (General Principles) Revision Q1
What are the three stages in the transfer of ownership of heritable property? - (correct Answer) - -
Contract: missives
-Conveyance: delivery of disposition (at "settlement")
-External act: registration
At what stage does ownership of heritable property transfer? - (correct Answer) - After the registration
[either land register of sasines but I don't think they use sasines now cause they're moving to new
process with land register]
What is the difference between derivative acquisition and original acquisition? - (correct Answer) - -
Derivative acquisition: an acquisition of a property from a previous owner [can be voluntary
and involuntary]
-Original acquisition: an acquisition of a property or estate which has never been the
property of another. It occurs when an entirely new proprietary right has been created. E.g.
copy right, shells/wild animals also
How do you acquire ownership of previously unowned property? - (correct Answer) - - Occupancy
[occupation] - taking control of something
- Positive prescription - land - if you possess it for a long period of time
- Accession - when accessory becomes part of principle
- Commixtion [liquids] /Confusion [solids] and Specification [making a new item]
What is alluvion? - (correct Answer) - -Alluvion: new dry land accedes to existing dry land if gradual and
permanent
oif you own land beside a loch and the water dries up in areas then the new land
accedes to your land. River carting dirt causing build up, the new land accedes to
yours.
-Avulsion: sudden changes do not affect ownership
oIf there is a big storm and land builds, it doesn't accede the land
Kevin and Lisa have concluded missives for the purchase of a large detached house. Kevin intends to
run a small business as a jewellery maker from home, and the couple also plan to let one room in the
house to a lodger. The transaction will trigger a first registration of the property in the Land Register.
, You are the solicitor acting on their behalf and in the course of examining the title to the house you
discover the following:
(i) The minerals were reserved to the superior when the land was sold in 1876.
(ii) The seller is married, but title to the house is held in her name alone.
(iii) There is a Deed of Conditions covering this house and all of the surrounding properties which
states that houses must be used only as a residence for a single family.
Kevin and Lisa come to you for advice. They ask you:
(a) what 'missives' are, and what it means to 'examine title'?
(b) what are the seller's obligations under the m - (correct Answer) - a) what 'missives' are, and what it
means to 'examine title'?
-The term "missives" as it is used in Scottish conveyancing practice means a series of letters
between solicitors on behalf of their clients which constitute the contract for the sale of
property from the seller to the buyer. By law, a contract for the purchase/sale of property
must be constituted in writing.
-Pre-settlement: Examination of title
o Buyer solicitor will examine the title, make sure the seller does have the title to the
whole property, new property has electronic title sheet. Also examine to see if
there's any real burdens or servitudes which would affect title
o Get title deeds and assure they have good title
b) what are the seller's obligations under the missives?
-obligation on the Seller to grant a disposition transferring ownership
-provide good title
c)whether (i) to (iii) raise any issues in terms of the seller's obligations under the missives, and what
action they can take if so?
-I) Campbell v McCutcheon 1963 SC 505: Unless seller expressly reserves the minerals, the
purchaser will be entitled to back out the deal if he finds out the seller has no title to them -
What are the three stages in the transfer of ownership of heritable property? - (correct Answer) - -
Contract: missives
-Conveyance: delivery of disposition (at "settlement")
-External act: registration
At what stage does ownership of heritable property transfer? - (correct Answer) - After the registration
[either land register of sasines but I don't think they use sasines now cause they're moving to new
process with land register]
What is the difference between derivative acquisition and original acquisition? - (correct Answer) - -
Derivative acquisition: an acquisition of a property from a previous owner [can be voluntary
and involuntary]
-Original acquisition: an acquisition of a property or estate which has never been the
property of another. It occurs when an entirely new proprietary right has been created. E.g.
copy right, shells/wild animals also
How do you acquire ownership of previously unowned property? - (correct Answer) - - Occupancy
[occupation] - taking control of something
- Positive prescription - land - if you possess it for a long period of time
- Accession - when accessory becomes part of principle
- Commixtion [liquids] /Confusion [solids] and Specification [making a new item]
What is alluvion? - (correct Answer) - -Alluvion: new dry land accedes to existing dry land if gradual and
permanent
oif you own land beside a loch and the water dries up in areas then the new land
accedes to your land. River carting dirt causing build up, the new land accedes to
yours.
-Avulsion: sudden changes do not affect ownership
oIf there is a big storm and land builds, it doesn't accede the land
Kevin and Lisa have concluded missives for the purchase of a large detached house. Kevin intends to
run a small business as a jewellery maker from home, and the couple also plan to let one room in the
house to a lodger. The transaction will trigger a first registration of the property in the Land Register.
, You are the solicitor acting on their behalf and in the course of examining the title to the house you
discover the following:
(i) The minerals were reserved to the superior when the land was sold in 1876.
(ii) The seller is married, but title to the house is held in her name alone.
(iii) There is a Deed of Conditions covering this house and all of the surrounding properties which
states that houses must be used only as a residence for a single family.
Kevin and Lisa come to you for advice. They ask you:
(a) what 'missives' are, and what it means to 'examine title'?
(b) what are the seller's obligations under the m - (correct Answer) - a) what 'missives' are, and what it
means to 'examine title'?
-The term "missives" as it is used in Scottish conveyancing practice means a series of letters
between solicitors on behalf of their clients which constitute the contract for the sale of
property from the seller to the buyer. By law, a contract for the purchase/sale of property
must be constituted in writing.
-Pre-settlement: Examination of title
o Buyer solicitor will examine the title, make sure the seller does have the title to the
whole property, new property has electronic title sheet. Also examine to see if
there's any real burdens or servitudes which would affect title
o Get title deeds and assure they have good title
b) what are the seller's obligations under the missives?
-obligation on the Seller to grant a disposition transferring ownership
-provide good title
c)whether (i) to (iii) raise any issues in terms of the seller's obligations under the missives, and what
action they can take if so?
-I) Campbell v McCutcheon 1963 SC 505: Unless seller expressly reserves the minerals, the
purchaser will be entitled to back out the deal if he finds out the seller has no title to them -
