This Bloomsbury Professional book provides full coverage of conveyancing and property law in Scotland. Coverage includes preliminary matters such as authentication, capacity and delivery; dispositions including the feudal background and registration; regulation of landownership, including a thorough examination of title conditions; securities and leases; and, transmissions, for example completion of title. It also contains an appendix of an Agricultural Lease. The book combines the academic with the practical, making it essential for both practitioners and LLB students.
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PART 1 PRELIMINARY MATTERS
PART 2 DISPOSITIONS
PART 3 REGULATION OF LANDOWNERSHIP
Chapter 15 Title Conditions: Real Burdens and their Creation
15.32 Burdens cannot impose a monopoly: unreasonable restraints of trade
15.34 Burdens cannot give title to vary or waive compliance to a third party
15.41 The constitutive deed must identify the burdened property and the benefited property
15.43 The terms of the burden must be set out in full within the constitutive deed
Chapter 18 Title Conditions: Variation and Discharge
18.10 The minute of waiver may be a variation or a discharge
18.11 The minute of waiver must be in writing and capable of being registered
18.12 The minute of waiver must be registered against burdened property
18.45 Other circumstances where title conditions are extinguished by implication
18.48 Extinction of real burdens where no person has interest to enforce
18.71 What title conditions can be the subject of an application?
18.75 Opposed applications or applications where the Tribunal has to consider the merits
18.79 Imposition of a new condition to replace the discharged provision
Chapter 19 Title Conditions: Feudal Real Burdens
19.2 Enforcement of feudal real burdens prior to 28 November 2004
19.7 The law of variation and discharge of feudal real burdens prior to 28 November 2004
19.13 Loss of interest to enforce by change of circumstances
19.14 Loss of interest to enforce as a result of the superior's bad faith
19.20 The Abolition of Feudal Tenure etc (Scotland) Act 2000
19.45 Restrictions: the nominated land must be owned by the superior
19.50 There must be a building on the nominated benefited property
19.53 The building must be within one hundred metres of the burdened property
19.58 Failure or inability to use the s 18 reallotment procedure
19.68 Determination by the Tribunal: consideration of the merits
19.77 Nomination of body to enforce preserved conservation burdens
19.81 The preservation of the right to claim compensation: development value burdens
19.108 Interpretation of burdens containing feudal terminology in the future
PART 4 SUBORDINATE RIGHTS: SECURITIES AND LEASES
PART 5 TRANSMISSION