DISPOSITIONS

mary1503
Mind Map by , created over 6 years ago

Mind Map on DISPOSITIONS, created by mary1503 on 04/12/2013.

104
1
0
Tags No tags specified
mary1503
Created by mary1503 over 6 years ago
AS Biology Unit 1
lilli.atkin
Business Studies - AQA - GCSE - Types of Ownership
Josh Anderson
Britain and World War 2
Sarah Egan
The Lymphatic System
james liew
ASSD & PSBD QUESTION 2018 200
Dhiraj Tamang
Ionic Bonding
Evangeline Taylor
FREQUENCY TABLES: MODE, MEDIAN AND MEAN
Elliot O'Leary
Cold War Causes Revision
Tom Mitchell
ICT Key Terms Quiz - Part 1
Mr Mckinlay
Computing Hardware - CPU and Memory
ollietablet123
DISPOSITIONS
1 Main clauses and what they do
1.1 standard form is a unilateral obligation
1.1.1 runs inname of, is executed by grantor (disponer), alone
1.1.1.1 Contains: inter alia - identification of the parties, consideration, identification of subjects
1.1.1.1.1 entry clause, stating when disponee can enter into possession & warrandice clause - this warrants the title
1.1.1.1.1.1 can be subdivided into narrative, dispositive, burdens, entry, warrandice, testing clause resctively
2 NARRATIVE CLAUSE
2.1 name and designation of grantor
2.1.1 description of his/her status
2.1.1.1 normally 'heritable proprietor of subjects hereinafter disponed'
2.1.1.2 implies the grantor is registered owner
2.1.1.2.1 grantor must have title and capacity
2.1.1.2.1.1 if the disposition is to be effective as a title to disponee
2.1.1.2.1.2 not necessary for land to fall within personal estate of grantor
2.1.1.2.1.2.1 may hold property as trustee or some other representative capacity
2.1.1.2.1.2.2 relevant to consider his powers e.g. as trustee
2.1.1.2.1.2.2.1 for to effectively convey must be registered proprietor or have right to complete title
2.1.1.2.1.2.2.2 example - 'I George Smith, heritable proprietor of heritable subjects and others hereinafter disponed, etc
3 DISPOSITIVE CLAUSE
3.1 divests seller of title and invests purchaser of title
3.1.1 contains formal discription of property
3.1.1.1 normal to end with following 3 clauses
3.1.1.1.1 1) the whole rights, parts privileges and pertinents relating to the subjects
3.1.1.1.1.1 2) the whole fixtures and fittings, therein and thereon
3.1.1.1.1.1.1 3 my whole right, title and interest, present and future, therein and thereto
3.1.1.1.2 function of these catch all clauses, ensures respectively
3.1.1.1.2.1 1) purchaser acquires all rights to all property sold, also rights over neighbouring properties to enjoy property in full
3.1.1.1.2.1.1 2) sale includes buildings, fixtures, moveables which have built or acceded to the property, and all moveable fittings are included
3.1.1.1.2.1.1.1 3) whole rights of seller are transferred to the purchaser
3.1.1.1.2.1.1.1.1 including future rights arising
3.1.1.1.2.1.1.1.1.1 a full and unreserved divesting of the seller and investing of the purchaser
4 BURDENS CLAUSE
4.1 How and why burdens are imposed generally (including deeds of condition)
4.1.1 contain contractual burdens which run with the land
4.1.1.1 always with and under the burdens
4.1.1.1.1 real conditions and others specified and contained in the said disposition in my favour
4.1.1.1.2 in which any burdens or express servituteds are stated either by repitition in full or by reference to the documents which created them
4.1.1.1.2.1 such inclusion doesnt cerify that they are still valid or applicable
4.1.1.1.2.1.1 for these issues, purchasers solicitor must use his judgement
5 ENTRY CLAUSE
5.1 states actual date of entry and occupation of the disponee
5.1.1 entry clause warrants entry to property at specific time
5.1.1.1 usually on the date the price is payable
5.1.1.2 Usual for this clause to state entry is given with vacant possession and actual occupation
5.1.1.2.1 other words: no part of the property is subject to let or occupation by any other party
6 WARRANDICE CLAUSE AND ITS THREE VARIATIONS
6.1 Guarantee of title by predecessor is transmissable to new owner
6.1.1 Warrandice clause follows on from obligation to give good and marketable title in the missives
6.1.1.1 represents personal guarantee by disponer
6.1.1.1.1 will indemnify disponee against any loss/damage in value
6.1.1.1.1.1 disponees real right if there is complete or partial eviction from the property
6.1.1.1.1.2 VARIATIONS
6.1.1.1.1.2.1 1) absolute warrandice
6.1.1.1.1.2.1.1 unrestricted guarantee of title
6.1.1.1.1.2.1.2 2) fact and deed warrandice
6.1.1.1.1.2.1.2.1 normally given by a trustee or executor
6.1.1.1.1.2.1.2.1.1 they will not act prejudicially to the purchasers interests
6.1.1.1.1.2.1.2.2 3) simple warrandice
6.1.1.1.1.2.1.2.2.1 guarantee grantor of disposition hasn't acted to prejudice guarantee
6.1.1.1.1.2.1.2.2.1.1 normally used when property is being gifted
7 TESTING CLAUSE
7.1 purchaser completes, narrates place and date of signing of disposition
7.1.1 records name and designation of witness(s)
7.1.1.1 Reuquirements of Writing (Scotland) Act 1995
7.1.1.1.1 s3(1) disposition by individual will be valid if signed by that individual
7.1.1.1.1.1 the last page of any schedule or plan annexed)
7.1.1.1.1.1.1 and same is witnessed by one witness to the signing
8 SPECIAL DESTINATION INCLUDING SURVIVORSHIP AND ITS PROBLEMS
8.1 disposition to A and B and survivor
8.1.1 immediate conveyance of one half pro indivisio share to each of them
8.1.1.1 coupled - substition of the survivor of them to succeed as substitute to one half pro indiviso vested originally in predeceaser
8.1.2 historically title in joint names between husband & wife
8.1.2.1 practitioners inserted survivorship clause
8.1.2.1.1 survivorship destination is contractual
8.1.2.1.1.1 cannot be evacuated by will or other testamentary writing
8.1.2.1.1.1.1 Perrett's Trustees v Perrett
8.1.2.1.1.2 survivorship clauses has no effect on the half of the property which is not conveyed
8.1.2.1.1.2.1 number of awkward and sad family situations
8.1.2.1.1.2.1.1 survivorship destination resulted in bizarre outcome
8.1.2.1.1.2.1.1.1 never intended by the parties
8.1.2.1.1.2.1.1.1.1 typcally occurs where parties separate or divorce
8.1.2.1.1.2.1.1.1.1.1 matrimonial home taken in survivorship destination, then divorce
8.1.2.1.1.2.1.1.1.1.1.1 wife conveyed her pro indivisio one haflf share & husband then dies
8.1.2.1.1.2.1.1.1.1.1.1.1 held: disposition restricted in terms to wifes one half pro indivision
8.1.2.1.1.2.1.1.1.1.1.1.1.1 result wife entitled to succeed husbands original share
8.1.2.1.1.2.1.1.1.1.1.1.1.1.1 Gardiners Exor v Raeburn
8.1.2.1.1.2.1.1.2 Following separation parties agreed inter alia to sell matrimonial home
8.1.2.1.1.2.1.1.2.1 title in both names and survivor
8.1.2.1.1.2.1.1.2.1.1 under agreement both relinquished rights of succession in each others estates
8.1.2.1.1.2.1.1.2.1.1.1 held the agreement impliedly waived normal prohibition against conviction
8.1.2.1.1.2.1.1.2.1.1.1.1 Redfern's Exors v Redfern
8.1.2.1.1.2.1.1.3 husband, wife & survivor, husband sequestrated & died
8.1.2.1.1.2.1.1.3.1 held wife to husbands one half share, subject to his debts
8.1.2.1.1.2.1.1.3.1.1 Flemings Trustees v Fleming
8.1.2.1.1.2.1.1.3.1.1.1 overruled Barclays Bank v McGreish
8.1.2.1.1.2.1.1.3.1.1.1.1 special destination was held to be debt free

Media attachments