Disposition (Scots law)

In Scots law, a disposition is a formal legal document used to transfer ownership of heritable property (land and buildings) from one party (the disponer) to another (the disponee). It is the primary method for conveying title and is the equivalent of a deed in other legal systems.

A valid disposition must meet certain requirements to be effective. These include:

• Identification of the Parties: The disposition must clearly identify both the disponer and the disponee by name and address.
• Description of the Property: The property being transferred must be described sufficiently clearly so that it can be identified with certainty. This is usually done by referring to the title deeds and a plan of the property.
• The deed: The disposition itself is an "evidencing document" that records the transfer of ownership.
• Operative Words of Conveyance: The disposition must contain words that clearly indicate the intention to transfer ownership, such as "dispones," "assigns," and "conveys."
• Consideration: Although often nominal (e.g., "for love, favour, and affection"), the disposition typically states the consideration (price or other benefit) being provided for the transfer.
• Warrandice: A clause of warrandice, which is a guarantee by the disponer that they have the right to convey the property and that the disponee will not be disturbed in their possession by any adverse claim. There are different types of warrandice, ranging from simple warrandice (against the disponer's own acts) to absolute warrandice (against all claims).
• Testing Clause: A clause stating the place and date of execution of the document, and the names and addresses of the witnesses.
• Subscription: The disposition must be signed (subscribed) by the disponer in the presence of a witness. The witness must also sign, confirming they witnessed the disponer's signature. This ensures the document's authenticity.
• Registration: To be fully effective, the disposition must be registered in the Land Register of Scotland (or, in some cases, the Sasine Register if the title is not yet on the Land Register). Registration confers real right on the disponee, meaning that they have a legally recognised ownership interest in the property that is enforceable against third parties.

The disposition is a complex legal document, and it is essential to seek advice from a qualified solicitor when dealing with the transfer of heritable property in Scotland. Errors in the disposition can have serious consequences, including challenges to the validity of the transfer.