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OK, this is a rather sensitive subject so I will try my best to try and be clear about what I am asking without giving too much away.
This/these questions relate to a property in Scotland so I'm not sure if this should be in the Scotland section of the forums or in here as it relates to property??
Setting the scene...
'Person A' owned a house in Scotland on a little bit of land (maybe about 1 acre). Some time ago (maybe 15-20 years) the land was divided up into 3 plots - 1. existing home, 2. New build, 3. New build
I am thinking this division of land of the original plot was done by one of the children of Person A, would I shall call Person B. There are 4 children of Person A and the other 3 children know nothing of this division, but clearly knew something had been done as Person A then had a new house built on one of the plots, sold the original house and moved into the new house. There has been some talk that Person B purchased the land from Person A at a very reduced rate (agricultural valuation??) and then when the new house was to be build, sold it back to Person A at a commercial rate. This is currently hearsay so I cannot confirm that (how can I confirm that?)
But I think there has been some dodgy dealings done here by Person B, so I requested a copy of the Title of the new property and there is lots of info on this that I simply don't understand!
Firstly, Person A is listed as the 'Proprietor' of the new property. Is that the same as the owner? Seems to be like Person A might just be some sort of tenant??
Also, under the considerations section it states: Certain Good Causes,No Consideration. What does that mean?
Then there's a whole section called Burdens. There are 5 of them.
What is a 'burden'?
Burden 4 is the one that concerns me. This lists Person B as 'the superior' under a 'Feu Disposition'. I really don't understand any of that??
This contains further burdens, the first being:
"There is reserved to the Superior, a right to redeem the Feu at any time within twenty years of the date of registration hereof declaring that the right of redemption will be exercised by the Superior by giving the Feuar notice in writing of the intention of the Superior to exercise the right and six months after the service of said last mentioned notice or such other date as may be agreed by the parties, the Feuar in exchange for payment by the Superior of the sum equal to the current market value of the Feu as at the date of the said last-mentioned notice, will five entry and vacant possession to the Superior and deliver a valid Disposition which, in the option of the Superior shall contain a clause of resignation ad perpetuam remanentiam in favour of the Superior;"
Can someone decipher that for me??
(Second)
"In the event that the Feuar shall desire at any time to dispose of the Feu or any part or share thereof, whether by way of sale, transfer, exchange or otherwise, the Feuar shall five to the Superior, notice in writing of his desire to do so, and if after the Feuar has given notice in writing aforesaid, the Superior shall desire to repurchase the Feu or any part thereof, and shall give to the Feuar within a period of twenty one days of receipt from the Feuar of the said notice, a notice in writing, indicating the intention of the Superior to repurchase, then the Feuar shall forthwith, resell the Feu or such part thereof to the Superior at a price equal to the current market value thereof or such part thereof as at the date of the said lastmentioned notice, and if upon receipt from the Feuar of the notice indicating the desire of the Feuar to dispose of the Feu or such part thereof as aforesaid, the Superior does not signify his willingness to repurchase the same in the manner and within the period specified as aforesaid or within that period, the Superior signifies in writing to the Feuar that he does not desire to repurchase the Feu or such part thereof, then the Feuar upon the expiry of such period or on the receipt of such writing as the case may be shall be at liberty to sell or otherwise dispose of the same to whomsoever the Feuar will;"
(Third)
"The right of pre-emption in favour of the Feuar as proprietor of the adjoining property known as <property A>, contained in the Title of the Feu is hereby discharged."
(Four)
"The heritable and irredeemable right in favour of the Superior as proprietor of the dominium utile of the Feu to install and thereafter use a septic tank and soakaway with all necessary pipes, outfall pipes and others pertaining thereto for the drainage from the Feu within subjects adjoining the Feu and a right of access thereto for the purposes of installing and thereafter maintaining and repairing the said septic tank an drainage system is hereby discharged."
(Five)
"The condition contained in the title of the Feu requiring all buildings on the Feu and any alterations or additions thereto to be approved by <Person A> and her successors as proprietors of <property A>, aforesaid shall apply to the Feu only for such time as <Person A> is the heritable proprietor of <property A>, aforesaid.
What does all this mean?
What I am thinking is that something dodgy has been done here with either the ownership of the property or the sale of the property/assets after Person A dies (person A is currently 90 and may not last too much longer). The 4 children have not been involved in any decisions regarding the property and are now worried about what happens when Person A (mother) dies.
Any advice would be appreciated.
This/these questions relate to a property in Scotland so I'm not sure if this should be in the Scotland section of the forums or in here as it relates to property??
Setting the scene...
'Person A' owned a house in Scotland on a little bit of land (maybe about 1 acre). Some time ago (maybe 15-20 years) the land was divided up into 3 plots - 1. existing home, 2. New build, 3. New build
I am thinking this division of land of the original plot was done by one of the children of Person A, would I shall call Person B. There are 4 children of Person A and the other 3 children know nothing of this division, but clearly knew something had been done as Person A then had a new house built on one of the plots, sold the original house and moved into the new house. There has been some talk that Person B purchased the land from Person A at a very reduced rate (agricultural valuation??) and then when the new house was to be build, sold it back to Person A at a commercial rate. This is currently hearsay so I cannot confirm that (how can I confirm that?)
But I think there has been some dodgy dealings done here by Person B, so I requested a copy of the Title of the new property and there is lots of info on this that I simply don't understand!
Firstly, Person A is listed as the 'Proprietor' of the new property. Is that the same as the owner? Seems to be like Person A might just be some sort of tenant??
Also, under the considerations section it states: Certain Good Causes,No Consideration. What does that mean?
Then there's a whole section called Burdens. There are 5 of them.
What is a 'burden'?
Burden 4 is the one that concerns me. This lists Person B as 'the superior' under a 'Feu Disposition'. I really don't understand any of that??
This contains further burdens, the first being:
"There is reserved to the Superior, a right to redeem the Feu at any time within twenty years of the date of registration hereof declaring that the right of redemption will be exercised by the Superior by giving the Feuar notice in writing of the intention of the Superior to exercise the right and six months after the service of said last mentioned notice or such other date as may be agreed by the parties, the Feuar in exchange for payment by the Superior of the sum equal to the current market value of the Feu as at the date of the said last-mentioned notice, will five entry and vacant possession to the Superior and deliver a valid Disposition which, in the option of the Superior shall contain a clause of resignation ad perpetuam remanentiam in favour of the Superior;"
Can someone decipher that for me??
(Second)
"In the event that the Feuar shall desire at any time to dispose of the Feu or any part or share thereof, whether by way of sale, transfer, exchange or otherwise, the Feuar shall five to the Superior, notice in writing of his desire to do so, and if after the Feuar has given notice in writing aforesaid, the Superior shall desire to repurchase the Feu or any part thereof, and shall give to the Feuar within a period of twenty one days of receipt from the Feuar of the said notice, a notice in writing, indicating the intention of the Superior to repurchase, then the Feuar shall forthwith, resell the Feu or such part thereof to the Superior at a price equal to the current market value thereof or such part thereof as at the date of the said lastmentioned notice, and if upon receipt from the Feuar of the notice indicating the desire of the Feuar to dispose of the Feu or such part thereof as aforesaid, the Superior does not signify his willingness to repurchase the same in the manner and within the period specified as aforesaid or within that period, the Superior signifies in writing to the Feuar that he does not desire to repurchase the Feu or such part thereof, then the Feuar upon the expiry of such period or on the receipt of such writing as the case may be shall be at liberty to sell or otherwise dispose of the same to whomsoever the Feuar will;"
(Third)
"The right of pre-emption in favour of the Feuar as proprietor of the adjoining property known as <property A>, contained in the Title of the Feu is hereby discharged."
(Four)
"The heritable and irredeemable right in favour of the Superior as proprietor of the dominium utile of the Feu to install and thereafter use a septic tank and soakaway with all necessary pipes, outfall pipes and others pertaining thereto for the drainage from the Feu within subjects adjoining the Feu and a right of access thereto for the purposes of installing and thereafter maintaining and repairing the said septic tank an drainage system is hereby discharged."
(Five)
"The condition contained in the title of the Feu requiring all buildings on the Feu and any alterations or additions thereto to be approved by <Person A> and her successors as proprietors of <property A>, aforesaid shall apply to the Feu only for such time as <Person A> is the heritable proprietor of <property A>, aforesaid.
What does all this mean?
What I am thinking is that something dodgy has been done here with either the ownership of the property or the sale of the property/assets after Person A dies (person A is currently 90 and may not last too much longer). The 4 children have not been involved in any decisions regarding the property and are now worried about what happens when Person A (mother) dies.
Any advice would be appreciated.
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