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 the
Roman law principle that the right of ownership in property (for definition of term see above) is absolute. Other legal systems such as United States jurisdictions consider ownership as a '
bundle of rights' which can be separated into
different components and separated amongst different individuals. Instead in Scots law, ownership is a singular unitary right that cannot be broken down into different components, it can only be transferred to another in whole or be
encumbered through the creation of inferior real rights. The owner of a 'thing' has the right to
usus, fructus, abusus - the right to use, to the fruits (enjoyment) and the right to abuse or destroy the property. In contrast to historically feudal systems such as England & Wales or Scotland (
Davidian Revolution – 28 November 2004), ownership is not split among individuals, such as interests held by a
feudal superior. Because ownership is a single right, when it is transferred, it transfers
instantaneously, with the previous Owner being deprived of all ownership in the property, at the moment of registration in the Land Register.
Transferring a right of ownership in Scots law There are three stages to creating a right of ownership in land: • The contract (the Missives of Sale): for the contract to be formally valid it must meet the Requirements of Writing (Scotland) Act 1995. • 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. • 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] 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 in the way that buyer can become 'owners' of a regular plot of land. == Sale of right to title, heraldry, coat of arms, etc ==