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Property Law Final Outline – Full Scots Law Revision Notes (LLB Edinburgh)

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Comprehensive and clearly structured Property Law outline covering the entire Scots property law course. Includes all key statutes, principles, and case law, with simplified explanations and examples. Covers: Real and personal rights Transfer of ownership of land and moveables Land Registration (Scotland) Act 2012 Requirements of Writing (Scotland) Act 1995 Prescription and Limitation (Scotland) Act 1973 Realignment (ss 86 & 91) Nemo plus rule Warrandice and Keeper’s warranty Offside goals rule and competition of title Positive and negative prescription Moveable Transactions (Scotland) Act 2023 Written in concise, exam-focused language — ideal for LLB Property Law or Scottish conveyancing revision.

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Property Law Revision
Outline




1/101

, Head 1 - Introduction
 Real Rights (Jus in Rem):

o Right in a thing itself.
o Enforceable against "the world."
o Example: Owning a house = can stop anyone from trespassing.
 Personal Rights:
o Right against a person.
o Only valid against a specific person.
o Example: Renting a flat gives you a personal right against the landlord.
 Types of Real Rights:
o Limited number; cannot create new types.
o Ownership (Dominium): Strongest right in property.
 Publicity principle: Must be registered in the Land Register.
o Subordinate Real Rights (Rights in Someone Else's Property): Limit
ownership without transferring it.
 Lease (Land only): Tenant has a real right; valid even if the property is
sold.
 Liferent: Right to use property for life, even if sold.
 Servitude: Right to use part of another's land (e.g., right of way).
 Real burden: Obligation affecting land (e.g., no business use).
 Right in security: Lender (e.g. bank) can sell property if the owner
doesn't repay a loan.
 What are Things (Property)?
o Corporeal: Physical things you can touch.
o Incorporeal: Non-physical things like rights.
 Example:
o A has a lease over land belonging to B.
 B's right in the land (corporeal property): Real right.
 A's right in the land (corporeal property): Subordinate real right.
 A's right in the lease (incorporeal property): Ownership of an
incorporeal heritable right.
 Ownership Focus:
o Ownership rules also apply to subordinate real rights.


Head 2 - Execution of Documents
Requirements of Writing (Scotland) Act 1995.

 Deed:
o Document used to create, transfer, change, or extinguish real rights.
o Examples: Dispositions, standard securities, and assignations.
 Execution:
o Legal signing of a document to make it valid.
 Requirements of Writing (Scotland) Act 1995:
o Section 12: Interpretation.
o Know everything EXCEPT sections 10, 11, 13, 14, and 15.


2/101

, o Schedules: Learn Schedule 2 ONLY.



 Part 1 (s1): When Writing is Required
o No writing = void.
o General Rule:
 s1(1): Writing usually NOT required for contracts/promises/trusts (can
be verbal).
o Exceptions:
 s1(2): 6 exceptions where writing is required.
 s1(2)(a)(i): MOST IMPORTANT
 Writing required for contracts or promises about land.
 Creation, transfer, variation, or extinction of a REAL
RIGHT in LAND.
 Examples: Missives (contract for selling land) must be
in writing; promise to transfer ownership of land must
be in writing.
 Doesn’t transfer real right = makes contract/promise
valid.
 s1(2)(a)(ii):
 Gratuitous promises (without receiving anything in
return) must be in writing, except in business settings.
 s1(2)(b): ALSO IMPORTANT
 ACTUAL transfer of real right must be in writing.
 Examples: Disposition (transfers ownership), standard
security (mortgage).
 s1(2)(ba):
 Writing required for agreements about property
boundaries under Land Registration Act (e.g., changing
a fence line).

If no writing – might be exception:

 Personal Bar:
o s1(3)-(5): If no writing, rights are void, BUT contracts/promises/trusts might
still be valid if the other party is personally barred.
o Valid if the other party (B) has reasonably relied on it and would suffer
material loss if it wasn’t upheld.
o s1(3)(a): Second person can’t withdraw!
o s1(4): Must be material loss.
o s1(3)(b): Still valid if no writing.
o Example:
 A verbally agrees to sell land to B.
 B pays the price and moves in.
 A tries to back out, claiming no written agreement.
 Personal Bar prevents A from refusing transfer because B relied on the
agreement and suffered loss.
 A = person who tries to withdraw = personally barred!
 Definitions:

3/101

, o s1(7)(a): Defines real rights in land = ownership + rights in land (except leases
under 1 year).
o s1(8): What is NOT Land = growing crops, moveable buildings/structures.
 Part 2: Traditional Documents: Formal Validity
o 1. Documents have to be signed/subscription
 s2(1): IMPORTANT - Documents must be subscribed (signed at the
end) by the granter.
 s2(2): For contracts, both the offer and acceptance need to be
subscribed by the granter.
o How to sign?
 s7(1): Defines subscription (signing at the end of the document).
 s7(2)(b): Outlines how to sign the document (normally used).
 s7(3): If there are multiple granters.
 s7(7): Juristic persons (like companies) need to follow specific signing
rules, explained in Schedule 2.
 Stirling Stuart v Stirling Crawfurd: Illegible signature = legally valid
but not probative.
o Signing for people who can’t sign themselves
 s9: Notarial execution: a solicitor or advocate can sign on behalf of
someone else (blind or can’t write).
o 2. Companies
 s12(1): Defines company as a company governed by the 2006 Act.
 A Non-UK Company is a ‘other body corporate’ not a
‘company’.
 s12(2): Allows someone to appoint an agent to sign on their behalf
(doesn’t need to be in writing, but usually is).
o SCHEDULE 2 – other than companies
 Para 2: Describes how ordinary partnerships sign documents.
 Para 2A: Allows trustees to sign documents.
 Para 3A: Discusses how limited liability partnerships sign documents.
 Para 5(1): Defines “other bodies corporate” covering entities that
aren’t companies under the Companies Act 2006.
 Juristic person = company etc.
 C. Traditional documents: probativity
o ‘Probative’ = document is presumed to be validly executed (signed).
 Witness must sign; not subscribe (unlike granter).
 Subscribe = signing at end of document.
 Signing = done anywhere (usually in testing clause).
o Steps - Probativity by attestation (i.e. witnessing)
 1. Is it even valid?
 s3(1)(a): Presumption it’s valid.
 Granter subscribes in usual way, without using method © from
s7(2). i.e. must be signed under s2.
 2. Was the signature properly witnessed?
 s3(7): Granter must sign in witness’s presence OR
acknowledge the signature of the witness.
 3. Is the witness properly identified?
 s3(1)(b): The witness is designed (named) in the testing clause
or in the document itself.


4/101
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