The following Property practice note Produced in partnership with Gary Donaldson of Millar & Bryce provides comprehensive and up to date legal information covering:
The Registers of Scotland (ROS) is the Scottish Government Agency responsible for looking after a range of registers, most notably the register of sasines and the Land Register of Scotland which involve interests in land. It is headed up by the Keeper of the Registers of Scotland.
The register of sasines was established in 1617 by the Registration Act 1617 and is a public record of deeds relating to land in Scotland. Its purpose was to provide protection to rights in land by allowing such rights to be publicly recorded.
The register is administered on a regional basis with deeds relating to rights in property being registered in the appropriate county register. Indexes of property and individuals were established allowing a degree of searching to be carried out to identify specific deeds which had been recorded.
In 1876 sasine search sheets were established. These identify the volume and page numbers of all the deeds for a given building or piece of land and can be used as a starting point for searching back in time. The creation of search sheets made the ability to search for individual deeds much more accessible it also provided context against the property to the deed being recorded. The format of a search sheet is based on the principals that were created back in 1876. When a property
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The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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