Right of Ownership
The souvenir plot will advertise the purchase of 'ownership' of small plot of land part of an estate. However, Scots property law only recognises a defined number of real rights, or rights ''in rem'', which follows the legal principle shared with other jurisdictions, that only real rights within the ''numerus clausus'' (closed number) are competent. Without the valid creation of a recognised real right, an individual only holds a personal (contractual) right against another. This means that where an individual contracts to purchase property from another, they only hold a contractual right not a right ''in rem'' in the property itself''.'' Ownership is also a real right, or right ''in rem'' that falls within the ''numerus clausus.''An Absolute Singular (Unititular) Right of Ownership
Scots law follows theTransferring a right of Ownership in Scots Law
There are three stages to creating a right of ownership in land: 1) The Contract (the Missives of Sale): for the contract to be formally valid it must meet the Requirements of Writing (Scotland) Act 1995. 2) The Conveyance (the Disposition): for the conveyance to be formally valid, the deed, known as the ''disposition'', must meet the Requirements of Writing (Scotland) Act 1995. 3) Registration in the Land Register of Scotland: this must be registered validly in accordance with the Land Registration (Scotland) Act 2012.Registration of souvenir plots
Even if a Seller of souvenir plots does validly create a contract of sale for the plot of land sold and provides the Buyer with a valid disposition, the registration of the disposition deed is not possible under the Land Registration (Scotland) Act 2012. This replaced the longstanding rule found in the Land Registration (Scotland) Act 1979."Land Registration (Scotland) Act 2012 Section 22 (2)In subsection (1)(b), “souvenir plot” means a plot of land which— (a)is of inconsiderable size and of no practical utility, and (b)is neither— (i)a registered plot, nor (ii) a plot the ownership of which has, at any time, separately been constituted or transferred by a document recorded in the Register of Sasines." ''bold added/blockquote>Since the Seller will unlikely 'sell' a souvenir plot of both a considerable size or practical utility, and a registered plot, the disposition will be unable to be registered in the Land Register. This means that the Buyer cannot acquire a real right of ownership in Scots law. Therefore, it is impossible for Buyers of the sale to become 'owners' of a souvenir plot. No other form of ownership is recognised bar the real right of ownership, as discussed above, owing to Scots property law's Roman law influences.
Sale of Right to Title, Heraldry, Coat of Arms, etc
Titles
It is not possible for a Buyer to legally purchase a "right" to use Scottish nobility titles such as lord or lady. These are only capable of creation at the pleasure of the Sovereign (ie: His Majesty the King) by the issuance ofletters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl .... In an interview with the Journal of theLaw Society of Scotland The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the ..., TheCourt of the Lord Lyon The Court of the Lord Lyon (the Lyon Court) is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All A ..., the court in Scotland which regulates the award of heraldry (ie: titles and coats of arms), made the following statement concerning the legal implications of the purchase of souvenir plots:“Ownership of a souvenir plot of land does not bring with it the right to any description such as ‘laird’, ‘lord’ or ‘lady’. ‘Laird’ is not a title but a description applied by those living on and around the estate, many of whom will derive their living from it, to the principal landowner of a long-named area of land. It will, therefore, be seen that it is not a description which is appropriate for the owner of a normal residential property. “It cannot properly be used to describe a person who owns a small part of a larger piece of land. The term ‘laird’ is not one recognisable by attachment to a personal name and thus there is no official recognition of ‘XY, Laird of Z’. “The words ‘lord’ and ‘lady’ apply to those on whom a peerage has been confirmed and do not relate to the ownership of land. “Ownership of a souvenir plot of land is not sufficient to bring a person otherwise ineligible within the jurisdiction of the Lord Lyon for seeking a coat of arms.” ''bold added/blockquote>
Law of Heraldry
The Public Register of All Arms and Bearings in Scotland which was established in 1672, pursuant to the Lyon King of Arms Act 1672 (c 47), and lists all heraldry awarded in Scotland. Heraldry is considered to be incorporeal property in Scots law, so is capable of having a right of ownership over the use and control of the heraldic coat of arms. The award of coat of arms in Scots law confers a status and a precedence on the holder of the arms, and their successors, whether a person or a corporate body. Any device other than letters or numerals, displayed on a shield, lozenge, cartouche or rectangular banner or set upon a wreath, crest, coronet or chapeau amounts to an armorial bearing the display of which is subject to the provisions of the Lyon King of Arms Act 1672.Stair Memorial Encyclopaedia, Vol 11, ''Heraldry'', para 1613.
Lyon King of Arms Act 1672
The 1672 Act of the Parliament of the Kingdom of Scotland (still in force today) provides that no person is allowed to use a coat of arms unless those arms are recorded in their right in the Public Register of All Arms and Bearings in Scotland. The penalty for a breach of the 1672 Act is a fine of £100. All the goods on which those arms are illegally displayed may become forfeit to the Crown, or alternatively the offending arms to be erased or defaced from any building or monument.
= Creation of Heraldry
= Under the 1672 Act, heraldry is awarded by grant by theLord Lyon The Right Honourable the Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new grant ..., who can grant heraldic coats of arms to human individuals of Scottish domicile or Scottish heritage, irrespective of nationality (excluding Canada as Canadian coats of arms are regulated by theCanadian Heraldic Authority The Canadian Heraldic Authority (CHA; french: Autorité héraldique du Canada) is part of the Canadian honours system under the Canadian monarch, whose authority is exercised by the Governor General of Canada. The authority is responsible for th ...). This arises where no grant has previously been made. Therefore, it is not possible to purchase a right to use heraldry online.
See Also
*Established Titles Established Titles is a company which purports to sell souvenir plots of Scottish land from 1 sq ft (0.09 m2) to 20 sq ft (1.86 m2). While the company claims that those who buy the 'plots' can choose to be titled Lord, Laird or Lady, as part of a ...
References
{{Reflist Scots law Scots property law