Scottish Legal Guide

Scottish law is quite different from the law in England and Wales and for your purchase you will need to use a Scottish solicitor.

Purchasing woodland could be seen as a step-by-step process, but with us it starts differently than with a conventional estate agent: we don’t conduct auctions or involve you in final offers and closed bids. If 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.

So, you tell us that you want to purchase woodland or meadow and we write a letter to 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 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 equivalent in English law of “date of completion” – 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” (equivalent to a “transfer” in English law). 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.

Please feel free to offer improvements to this guide to buying a Scottish property as we want our guide to be as clear as possible.

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