Head 4(2): Transfer of land

Question 1

Transfer of land requires:

Answer 1

s 50(2) LRA 2012

1) Execution and delivery of disposition
2) Registration of disposition in the Land Register

Question 2

The most common method of transferring ownership of land is:

Answer 2

Sale (however there are other methods like gift)

Question 3

In the case of sale, what are the three distinct states?

Answer 3

1. Contract
2. Settlement
3. Registration

Question 4

In sale there will always be a … in practice

Answer 4

Contract (missives)

Question 5

Since missives relate to land, they must comply with…

Answer 5

RWSA 1995

Question 6

What happens on the date of “settlement”?

Answer 6

Buyer must pay the purchase price

Buyer will receive:

1. Disposition
2. The title deeds
3. The keys

Question 7

After settlement, many obligations in the contract…

Answer 7

have now been fulfilled.

However, see Contract (S) Act 1997, s 2 which states that even after a disposition is deliver, the contract will still remain in force insofar as it has not been implemented.

Question 8

What is a supersession clause?

Answer 8

In practice there is usually a clause in the contract called a ‘supersession clause’ which provides that missives will lapse altogether 2 years after settlement.

Question 9

Although the disposition is primarily a conveyance, it also contains…

Answer 9

Some contractual terms (most important is warrandice

Question 10

Before a disposition can be registered, two things must be done:

Answer 10

1. Buyer’s solicitor must add the testing clause

2. Buyer must pay stamp duty land tax

Question 11

The buyer becomes owner on…

Answer 11

Registration of the disposition with the Land Register.