Lochaber Highland Estates
Scottish law is quite different from the law in England and Wales and for your purchase you will need to use a Scottish solicitor. |
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Our covenantThe objectiveWe ensure that the the woods are never used for anything which would be a nuisance to neighbours such as racing, or anything noisy or dangerous. The purchaser will also be asked not to subsequently divide the ownership of the wood into smaller units. Wording of the covenant (or "legal promise") for the transferThe purchaser hereby covenants with the vendor that the land shall not be used in such a way as to create a nuisance to the neighbouring owners (including the vendor) and specifically the purchasers and successors in title shall not:
The purchaser and successors in title shall not sell the land except as a whole specifically not in such a way that it could be registered or owned in separate titles or ownerships. Quarter Acre SitesOur legal department will provide all the legal documents and maps necessary for you to satisfy the requirements of the Scottish land Registry. All you will need to provide is a cheque for £30 made payable to them.
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Scottish legal guideHalf Acre SitesIf you offer to buy from us at the price we are selling at then we do not consider selling elsewhere as long as you get on promptly with the legal process. If you choose to use our recommended solicitor (lawyer), we will bear all your legal costs associated with the purchase. So, you tell us that you want to purchase a woodland site and provide us with a £300 ($600) deposit. We contact all parties (you, your solicitor and our solicitor). This letter will set out what you are buying, how much it is costing and who the parties are, and the likely timescale. Your solicitor will require that you prove your identity in much the same way that a bank would and asks you to deposit the balance of your payment with them. Your solicitor will then make a formal offer to our solicitor agreeing to buy at the stated price and stating the conditions of that offer. This in effect means the things he/she is going to check up on. A correspondence is then entered into between the solicitors, which is described as “the missives” which are simply formal letters between the lawyers to agree the terms of the contract. When full agreement is reached then a binding legal contract exists (described as “conclusion of the missives”). Part of this exchange of missives includes agreeing a date of “settlement” - when you will pay and “entry” will take place . This is the date when you take possession of the property. Once “missives are concluded” neither party can withdraw without serious implications, as they are both bound by the contract. Following conclusion of missives your solicitor will examine the title to the property check documentation including property searches and rights of access and he/she will prepare a “Disposition”. This is the formal document which transfers the property into your name. After your solicitor is satisfied that you will be obtaining a clear, valid and marketable title to the property he/she will proceed towards the next stage of the purchase which is Settlement. On the date of entry the ownership of the property transfers to you and your solicitor transfers the purchase money to our solicitor. After the date of entry/settlement your solicitor will register your title at the Registers of Scotland. It may take several months before your title is fully processed by the Registers of Scotland. Once the title has been processed, the recorded deeds will be sent back to your solicitor who will usually hold them for you. |
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