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Exam (elaborations)

SCOTS PROPERTY LAW QUESTIONS WITH CORRECT ANSWERS

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SCOTS PROPERTY LAW QUESTIONS WITH CORRECT ANSWERS

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Girdwood v Paterson


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Flats own up to the midway point in floors/ceilings




Yaxley v Glen


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s.9(3) includes the proprietor of a benefitted property by a servitude that
would be extinguished by rectification




Short's Trustees v Keeper of the Register

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Keeper refuses to register decree of reduction over flats. Can only rectify
according to section 9.




Dalgeish v Land Feuing Co Ltd


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Joint Ownership: Ownership only exists whilst you're still a member or in
office.




Neilson v Mossend Iron Co


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If the lease is not ended it will renew for the same amount of time as the
previous lease.




Registration in Land Register


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Midas/curative effect - makes a void/voidable/mal fide tilte good.




Burnett's Trs v Grainger

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Missives and disposition arrived however bankruptcy and buyer does not
get the title.




Lien


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Involuntary: arises by law.
Creditor must already have possession
Special Lien - secures single obligation




Hypothec


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Right of landlord to take possession of tennants poseesions. Can't be used
alongside any other type of security.


Bankruptcy and Diligence etc (Sco) Act 2007




Mann v Houston


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Rent for a lease must be periodical and not one lump sum.

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