Glossary of Scottish property words and expressions

Produced in partnership with Rachel Oliphant of Pinsent Masons
Practice notes

Glossary of Scottish property words and expressions

Produced in partnership with Rachel Oliphant of Pinsent Masons

Practice notes
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This is a glossary of common words and expressions used in Scottish property Law with the nearest England and Wales equivalent (where relevant) and links to related guidance on differences between Scottish property transactions and law and useful property related websites.

A non domino disposition

MeaningNearest English Equivalent
A disposition of property granted by a party who has no title to it. This was a legitimate device for making good a lack of title if the grantee occupied the property openly peaceably and without judicial interruption for a period of ten years, following the registration of a non domino disposition. Since 8 December 2014 with the introduction of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party looking to acquire title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration.None, although possessory title is similar.

Action of specific implement

MeaningNearest English Equivalent
An action
Rachel Oliphant
Rachel Oliphant

Rachel is a senior practice development lawyer for the Scottish property team at Pinsent Masons and is senior tutor in conveyancing on the Diploma in Legal Practice at The University of Edinburgh. After practising as a commercial property solicitor in England (at Reynolds Porter Chamberlain) and then in Scotland (at McGrigor Donald which she joined in 1995) Rachel became one of the first property professional support lawyers in Scotland in 2001. Rachel's transactional experience was in property development particularly retail development in both England and Scotland. In her current role at Pinsent Masons Rachel is responsible for keeping the property lawyers up to date on changes in property law and market practice, creating and maintaining precedents and organising and delivering training to ensure that the lawyers in the team are fully-equipped with the necessary technical excellence and skills to deliver a commercial and efficient service to clients. Rachel is a founding member of the Property Standardisation Group which was created in 2001 by the then four leading Scottish firms to produce agreed forms of documents and procedures for Scottish commercial property transactions for the benefit of the profession as a whole. The PSG provides a valuable resource for the profession in times of rapid changes in property law and procedure. Rachel is a member of the Scottish Property PSL Group and on the Scottish Property Federation's Sustainability and Building Design committee. 

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Jurisdiction(s):
United Kingdom
Key definition:
Loss definition
What does Loss mean?

The term 'loss' appears in many statutes and is not generally restricted to permanent deprivation.

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