Missives Of Sale (Scots Law)
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Missives Of Sale (Scots Law)
The missives of sale, in Scots property law, are a series of formal letters between the two parties, the Buyer and the Seller, containing the contract of sale for the transfer of corporeal heritable property (land) in Scotland. The term 'land' in this article includes buildings and other structures upon land. Example missives are available to view on the Law Society of Scotland and Property Standardisation Group websites. The missives of sale form the first of three stages required to validly transfer ownership of land in Scotland. The three stages are: # The Contractual Stage (The Missives of Sale) # The Conveyancing Stage # The Registration Stage Principles of the contract and conveyance stages Traditio legal system The contractual stage or ''missives of sale'' only create binding ''personal obligations'' (and their respective ''personal rights'') which are enforceable under the law of obligations ( Scottish contract law). These obligations are usually among other thing ...
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Scots Property Law
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana. The term 'property' is wide-ranging but in this article, as in Scots law and many other jurisdictions, it does not solely describe land. Instead, in Scots law, the term 'a person's property' is used when describing objects or 'things' (in Latin ''res'') that an individual holds a right of ownership in. It is the rights that an individual holds in a 'thing' that are the subject matter of Scots property law. The terms objects or 'things' is also a wide-ranging definition, and is based on Roman law principles. Objects (or things) can be physical (such as land, a house, a car, a statue or a keyring) or they can also be unseen but still capable of being owned, (e.g. a person can have a right to payme ...
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Posting Rule
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Under the posting rule, that acceptance takes effect when a letter is posted (that is, dropped in a post box or handed to a postal worker); the post office will be the universal service provider, such as the UK's Royal Mail, the Australia Post, or the United States Postal Service. In plain English, the "meeting of the minds" necessary to contract formation occurs at the exact moment word of acceptance is ''sent'' via post by the person accepting it, rather than when that acceptance is ''received'' by the person who offered the contract. The rules of contracts by post (postal rules) include the following: # An offer made by post/letter is not effective until received by the offeree. # Acceptance is effective as soon as it is post ...
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Pinsent Masons
Pinsent Masons LLP is an international law firm which specialises in the energy, infrastructure, financial services, real estate and advanced manufacturing and technology sectors. The firm ranks among the top hundred law firms in the world by turnover. Pinsent Masons LLP has over 400 partners, a total legal team of around 1,800 people and more than 2,500 staff. More than 500 of the firm's staff are based in its international headquarters in the City of London. It has more PLC clients than any law firm except one. Pinsent Masons was named 'Law Firm of the Year' in 2016 by respected industry magazine '' Legal Business'' and 'Law Firm of the Year' 2016 at Law.com's ''British Legal Awards''. In 2015 it was named 'The Most Innovative Law Firm in Europe' by the ''Financial Times''. The firm has 25 offices across Africa, Asia Pacific, Europe and the Middle East. In 2017, Pinsent Masons entered into an association with Saudi-based law firm AlSabhan & Alajaji. History Pinsent Masons ha ...
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Maclay Murray & Spens
Maclay Murray & Spens LLP was a top 100 UK law firm headquartered in Glasgow with offices in Aberdeen, Edinburgh and London, and was one of the UK's leading full service commercial law firms. In July 2017, it was announced that Maclay, Murray & Spens would merge with Dentons, the largest law firm in the world by number of lawyers. The process completed at midnight on 27 October 2017 with the wholesale adoption of the Dentons brand. __TOC__ About Maclay Murray & Spens Maclay Murray & Spens was founded in 1871 in Glasgow by David Maclay, David Murray and John Spens as the first law firm in Scotland with a specifically commercial practice. Part of Scotland's 'Big Four', Maclay Murray & Spens was at the time of its merger with Dentons one of only a few remaining large independent Scottish law firms; In that capacity, the firm was the exclusive Scottish member of the international law firm network LexMundi, allowing it to service its clients' international needs. The firm at ...
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Dentons
Dentons is the largest multinational law firm in the world. Dentons was ranked as the world's 4th- largest law firm by revenue, with $2.9B gross revenue by Global 200 ranking in the fiscal year 2021. The firm is called Dentons in all languages other than Chinese, in which it is called 大成 (Dacheng). Dentons was founded in March 2013 by the merger of SNR Denton, Fraser Milner Casgrain and Salans. Following its merger with Chinese law firm Dacheng in November 2015, Dentons became the largest law firm in the world by number of lawyers and has the most offices of any law firm in the world, covering every continent. As of 2020, Dentons operates in 77 countries, has 190 offices. The firm has no headquarters, although the firm's senior leadership are primarily based in Beijing, London and Washington D.C. Dentons is structured as a Swiss Verein called Dentons Group (a Swiss Verein), which does not itself provide legal services. The verein encapsulates multiple co-operating lega ...
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Dundas & Wilson
Dundas & Wilson LLP was a commercial UK law firm with offices in Edinburgh, Glasgow, London and Aberdeen. In May 2014 Dundas and Wilson merged with CMS Cameron McKenna. In 2012 the firm was ranked in the Top 30 Firms in Europe for Innovation by the Financial Times. Expertise The independent legal directory ''Legal 500'' ranked Dundas & Wilson as a Tier 1 firm in 2012 in the following areas: *Banking & Finance *Construction *Corporate & Commercial *Commercial Litigation *Commercial Property (Scotland) *Education *Employment *Energy (Excluding Oil & Gas) *Insolvency & Corporate Recovery *Intellectual Property *IT & Telecoms *Local Government *Pensions *Planning *Professional Negligence *Projects *Transport *Unit Trusts, OEICs and investment trusts History Dundas & Wilson traces its roots to 1759 when David Erskine founded his own legal practice in Edinburgh. Sir James Dundas of Ochtertyre Clerk to the Signet subsequently joined the practice and, after the death of David Ers ...
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CMS (law Firm)
CMS is an international law firm that offers legal and tax advisory services. It provides companies and organisations with advice on a full range of legal issues. CMS consists of 18 independent law firms with about 80 offices worldwide. History In 1999, six European law firms with 1,400 lawyers and roughly DM 500 million in joint revenues came together to form CMS. Under the CMS brand, which initially drew criticism, a "partnership of partnerships" emerged. The member law firms retained their established names. A central service unit was created to provide administrative and IT services for the members. Initially, CMS included law firms from Germany, the Netherlands, Austria and the United Kingdom among others. Over the course of the 2000s, additional law firms joined from France, Italy, Monaco, Switzerland and Spain, along with other countries. In 2008, the law firm opened its first joint office in Russia. With the merger of CMS Cameron McKenna with Nabarro and Olswang i ...
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Town And Country Planning In The United Kingdom
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd. History The roots of the UK town and country planning system as it emerged in the immediate post-war years lay in concerns developed over the previous half century in response to industrialisation and urbanisation. The particular concerns were pollution, urban sprawl, and ribbon development. These concerns were expressed through the work of thinkers such as Ebenezer Howard and the philanthropic actions of industrialists such as the Lever Brothers and the Cadbury family, and architects such as Raymond Unwin, PRIBA, and Patrick Abercrombie. The Housing and Town Plann ...
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Registers Of Scotland
Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland (known simply as the Keeper). By Ex officio member, ex officio, the Keeper of the Registers of Scotland is also the Great Seal of Scotland, Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the National Records of Scotland, Records of Scotland. History of Public Records & Registration The first official tasked with the care and administration of the public registers was first recorded in the role of ''Clericus Rotulorum'' (Clerk of the Rolls) in the Kingdom of Scotland in 1286. Registers, rolls and records were kept in Edinburgh Castle from about the 13th century. Th ...
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Accession (Scots Law)
Accession or Accessio is method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to ''merge with (or accede to)'' another object (the principal), either moveable or heritable (land). Accessio derives from the Roman law concept of the same name. Other jurisdictions employ similar rules. The leading case in this area is said to be ''Brand's Trustees v Brand's Trustees'' ''(1876) 3 R (HL) 16.'' A common example is a tree (the accessory) acceding to the land (the principal), thereby the tree is owned by the owner of the land on which it is planted by the operation of accession. Accession may appear similar to other modes of original acquisition, but each mode has discrete differences. Importantly, accession does not produce a new object (rem) in itself, such as specificatio, accesio merely accessorises one object to another (the principal). Types of Accession There are broadly two types of accession: (1) natural accession ...
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Home Survey
A home, or domicile, is a space used as a permanent or semi-permanent residence for one or many humans, and sometimes various companion animals. It is a fully or semi sheltered space and can have both interior and exterior aspects to it. Homes provide sheltered spaces, for instance rooms, where domestic activity can be performed such as sleeping, preparing food, eating and hygiene as well as providing spaces for work and leisure such as remote working, studying and playing. Physical forms of homes can be static such as a house or an apartment, mobile such as a houseboat, trailer or yurt or digital such as virtual space. The aspect of ‘home’ can be considered across scales; from the micro scale showcasing the most intimate spaces of the individual dwelling and direct surrounding area to the macro scale of the geographic area such as town, village, city, country or planet. The concept of ‘home’ has been researched and theorized across disciplines – topics rangin ...
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Residential Area
A residential area is a land used in which housing predominates, as opposed to industrial and commercial areas. Housing may vary significantly between, and through, residential areas. These include single-family housing, multi-family residential, or mobile homes. Zoning for residential use may permit some services or work opportunities or may totally exclude business and industry. It may permit high density land use or only permit low density uses. Residential zoning usually includes a smaller FAR (floor area ratio) than business, commercial or industrial/manufacturing zoning. The area may be large or small. Overview In certain residential areas, especially rural, large tracts of land may have no services whatever, such that residents seeking services must use a motor vehicle or other transportation, so the need for transportation has resulted in land development following existing or planned transport infrastructure such as rail and road. Development patterns may be reg ...
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