Conclusion of missives meaning

This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain 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. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...

In Scottish conveyancing, suspensive conditions within missives are indispensable, allowing parties to conclude a binding contract while postponing particular obligations until specified requirements are fulfilled. When precisely drafted, they offer certainty, curb risk, and protect both purchasers and sellers by ensuring crucial matters—such as planning permissions, finance, or due diligence—are resolved before completion. This Practice Note summarises the legal framework, practical considerations, and proven techniques for drafting and negotiating suspensive conditions in missives. Transactional context Historically, Scottish property lawyers prided themselves on the rapid conclusion of missives for the sale and purchase of heritable property. Owing to the increased length and detailed terms in offers for both domestic and commercial assets, the time needed to reach conclusion has grown in step. Additional time required to secure loan offers from lenders has also affected the residential market and significantly slowed the conclusion of missives. Missives for buying and selling heritable property commonly address issues beyond pure property points, for example: compliance with the relevant tax authorities’...

Missives In Scotland, property deals are most often documented by missives of sale; see, for instance, the Property Standardisation (PSG) PSG—Offers. A binding bargain emerges through an exchange of written offer and acceptance between the parties (frequently via their agents), and together these letters make up the missives. Often several formal communications pass between the parties before a final, unqualified acceptance is delivered, which brings the bargain to a close; see further: Formal requirements: Stair Memorial Encyclopaedia [7]. Once missives are concluded, a legally enforceable contract exists. The contract may equally be created by a sale and purchase agreement between the parties. If one party then fails to fulfil its obligations, that failure may amount to breach of contract and entitle the other to a legal remedy. For more detail, see: Conclusion of missives: Stair Memorial Encyclopaedia [9]. Breach of missives Because missives are contractual in nature, the standard legal remedies for breach are available (see: Classification of remedies: Stair Memorial Encyclopaedia [2]). Their operation is subject...

1 Definitions Completion – denotes the Date of Entry or, if later, the day the Price is paid and the purchase of the Property [ and Business ] is finalised under the Missives; Business – denotes the [ insert number ] [ star, ] [ , hotel ] [ , restaurant ] [ , café ] [ , bar ] [ , public house ] enterprise conducted by the Seller at the Property, providing [ [ describe accommodation type eg rooms, apartment or hotel ] ] [ , the sale of food and beverage ] [ , weddings ] [ , conference centre ] [ , leisure centre ] [ , spa ] [ , golf course ] [ , hairdresser ] [ , on-site staff accommodation ] together with all other activities, including those ancillary, incidental to, or connected with such business; Conclusion Date – means, unless stated otherwise, the first date on which the Missives bring about a concluded contract; Date of...