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Notice of Title into Title Deed

PostPosted: Wed May 19, 2010 8:00 am
by Freeman Stephen
Freeman Stephen converts his Notice of Title into a Title Deed

Re: Notice of Title into Title Deed

PostPosted: Wed May 19, 2010 9:23 am
by the_common_law_reverend_kenny
I dont really get what you are doing..I get the idea of granting the land away...but not the idea of getting it granted back, that part seems odd to be honest wiv yer..? Can you spell it out a bit pls..

Re: Notice of Title into Title Deed

PostPosted: Wed May 19, 2010 10:07 am
by Freeman Stephen
The Law : no one owns the land (I've looked and this appears to be true), no one is at a loss - to ensure this I placed a "notice of title" on the site in the hope that if there was an owner I was unaware of they would have done something - like phoned me.

The Legislation : The Prescription and Limitations Act says that a "Notice of Title" will count as though it were a title deed for that act - this is the scottish statute of limitations - based on this "notice of title" the land claim cannot be judicially challenged after a period of 20 years. So only for that ACT, the notice of title counts as a deed, but it isnt a title deed proper as it doesnt have a grantor.

The Caselaw : While the legislation says its okay to proceed on a notice of title, I cant find any caselaw. There is caselaw which supports procession on a deed proper. There is a caselaw ruling where a proper deed cannot be granted by the same party that receives it, there may be a complication if it is perceived that the "notice of title" is such a deed - ie that I have used this to grant the land to myself, as opposed to claiming it from nature.

To avoid this complication, I have converted the notice of title to a proper deed. In twenty years time, they will no longer be interested in the notice of title, they will only be interested in the chain of titles for the past twenty years - effectively this proper title deed that has been granted back to me.

Just like no one can give me my keyboard, as I already possess it, in order to be granted my land, I have to grant it to someone who will grant it back to me again. Thus one deed is written up with me ( [A] the grantor proceeding on the "notice of title") granting the land to [B] (the grantee). This is called an A to B disposition. The grantee becomes the owner, having had [A] dispose of the land to them. This is good enough to proceed to become unchallengable in twenty years time (provided there is notorious possession).

B then grants the land back to A (myself) in the reverse conveyance. The title now proceeds on a proper title deed rather than a notice of title.

Theres three conveyances:
1. Notice of Title - I claim the land from nature
2. A to B disposition 1 - I give the land away to a friend
3. A to B disposition 2 - My freind gives it back.

In the first conveyance, it could be argued that rather than claiming it from nature, I am granting something I dont possess to myself in an A to A disposition using the a non domino facility, which was ay-okay until about ten years ago when stewart watt youngsons A to A disposition failed and all A to A dispositions were thrown into the garbage heap.

I do not beleive I can give my keyboard to someone if I dont have my keyboard to give so either way, I see the notice as an essential part of the law, but the legislative may miscontrue this or completely ignore it, however the third conveyance, has had numerous rulings to say that it works. The same cannot be said for the first conveyance. Youngsons deed was a deed proper - there are no cases I can find based on a notice of title - this may be because they never raise any problems for a case to merit a report. Better safe than sorry.

Re: Notice of Title into Title Deed

PostPosted: Wed May 19, 2010 10:26 am
by the_common_law_reverend_kenny

Re: Notice of Title into Title Deed

PostPosted: Thu Mar 10, 2011 6:47 pm
by o.sam.a
Can you put a copy of the disposition up for me to have a read through...



Re: Notice of Title into Title Deed

PostPosted: Thu Mar 10, 2011 6:55 pm
by Freeman Stephen
The land now prescribes through a proper deed rather than a notice of title. Its quite long winded and i dont fancy typing it out on the key pad of a phone but it is pro forma forma from the schedules of the p and l act.