Default Land registry - Disposition meaning?

[Transiter]

After some advice from the PH members. I'm looking at a house's legal documents (in Scotland.) In the legal pack there is the land certificate and a legal report which shows a disposition on the day the land certificate was drawn up.

I'm confused as to what it means. There is no mortgage and the name on the disposition does not match the persons on the land certificate.

Thanks

www.tinypic.com/r/hvuh4k/8

[s2kjock]

Deed of disposition is the contract/deed of sale IIRC.

Could be the person named was a previous seller to the name on the Land register certificate?

[Transiter]

s2kjock said:

Deed of disposition is the contract/deed of sale IIRC.

Could be the person named was a previous seller to the name on the Land register certificate?

That's what's confusing, had the name on the register been the current seller it wouldn't have made things difficult but the person selling it is on the land registry as having bought in 2004. There's no mention of A Murray anywhere.

[Red Devil]

Scottish Land Law glossary said:

Disposition.

This is a formal document transferring ownership, or "title", to the land. Following the first stage in the conveyance of the property (the missives), the purchaser has a personal right against the seller. Ownership of the property, however, which is a real right, (ie a right in the land) does not pass to the purchaser until the disposition is registered in the Register of Sasines or Land Register of Scotland.

It is effectively a new title deed - https://www.lawscot.org.uk/media/228289/3799_Buyin...

OP - in the link it quotes a reference. You need to check what that refers to. It is a total guess but I'm wondering if it simply the correction of an error in the register: i.e. Murray's title has somehow been registered to the wrong property. Get your solicitor on the case. That's what you're paying him/her for: to make sure there are no defects which could come back to haunt you. This is especially important in Scotland as once missives have been concluded you're on the hook.

[Transiter]

Red Devil said:

It is effectively a new title deed - https://www.lawscot.org.uk/media/228289/3799_Buyin...

OP - in the link it quotes a reference. You need to check what that refers to. It is a total guess but I'm wondering if it simply the correction of an error in the register: i.e. Murray's title has somehow been registered to the wrong property. Get your solicitor on the case. That's what you're paying him/her for: to make sure there are no defects which could come back to haunt you. This is especially important in Scotland as once missives have been concluded you're on the hook.

Thanks for the link, it's quite helpful.

The problem is now that the property is coming up to auction in a couple of days, so I doubt I'll be able to get the solicitor to do much by then. Looks like it's a risk or to forget about this one. The property is in an area I'm looking in, and the price is fairly good. I have the land register issued on the same day as the report and it has nothing worrying or wrong with it, ie. no charges etc.


Is it possible that it is linked to the details on the certificate about the flat owner being liable to 1/4 of costs and right of access to communal area in the back of the flat? Or maybe the whole flat was under one title deed previously? Obviously these are just guesses so I'll see what the solicitor can do.

Edited by Transiter on Wednesday 11th February 01:23