Another blog giving well informed opinion that the buyers of land plots from Highland Titles do not own them in any meaningful sense. This time by Paul Cruikshank a Law and Politics Graduate from Glasgow University @PAShanky
https://pashanky.wordpress.com/2015/02/28/highland-lack-of-titles/
"As we’ve said, the right of ownership is a real right. A contract can only give the right to ownership – a personal right of ownership does not exist under Scots Law. This has been confirmed in court [Burnett’s Trustees v Grainger being the leading authority on the matter]. Even if it did, what good would it do? If a personal right can only be enforced in relation to a certain group of people, how can this really be called ownership?"
"If I have a personal right of ownership against Highland Titles (which is the most I can possibly have under a contract of sale), what happens if someone else tries to move in on my square foot? I don’t have any rights in relation to them – I’m not the ‘real’ owner. I’d be screwed."
"So what are Highland Titles actually selling? It’s fair to conclude that Highland Titles aren’t selling land. They can’t be selling a “personal right to ownership” in a square foot of Highland ground, because such a right does not exist. There can only be a ‘real right’ of ownership and they’re selling me a title which cannot be registered in the Land Register, and (as I hope is clear by now) what the Land Register says goes – so I can never get the “real right of ownership”. At most, Highland Titles are selling a right to potentially sue them for £30 at some point in the future."
https://basedrones.wordpress.com/2015/02/12/highland-titles-scam/
http://www.andywightman.com/archives/4152
https://loveandgarbage.wordpress.com/2015/02/25/what-is-the-difference-between-real-rights-and-personal-rights-an-introduction-for-non-lawyers/
https://loveandgarbage.wordpress.com/2015/02/12/i-cant-believe-its-not-ownership-or-the-curious-tale-of-highland-titles-selling/
https://loveandgarbage.wordpress.com/2015/02/25/some-frequently-asked-questions-on-ownership-of-land-in-scotland-and-souvenir-plots/
https://loveandgarbage.wordpress.com/2015/02/15/more-on-highland-titles-can-you-be-a-laird/
https://pashanky.wordpress.com/2015/02/28/highland-lack-of-titles/
"As we’ve said, the right of ownership is a real right. A contract can only give the right to ownership – a personal right of ownership does not exist under Scots Law. This has been confirmed in court [Burnett’s Trustees v Grainger being the leading authority on the matter]. Even if it did, what good would it do? If a personal right can only be enforced in relation to a certain group of people, how can this really be called ownership?"
"If I have a personal right of ownership against Highland Titles (which is the most I can possibly have under a contract of sale), what happens if someone else tries to move in on my square foot? I don’t have any rights in relation to them – I’m not the ‘real’ owner. I’d be screwed."
"So what are Highland Titles actually selling? It’s fair to conclude that Highland Titles aren’t selling land. They can’t be selling a “personal right to ownership” in a square foot of Highland ground, because such a right does not exist. There can only be a ‘real right’ of ownership and they’re selling me a title which cannot be registered in the Land Register, and (as I hope is clear by now) what the Land Register says goes – so I can never get the “real right of ownership”. At most, Highland Titles are selling a right to potentially sue them for £30 at some point in the future."
Further Informed reading on the same subject
http://www.scotslawblog.com/scots-law/scots-property-law-souvenir-plot-ownership-social-media-best/https://basedrones.wordpress.com/2015/02/12/highland-titles-scam/
http://www.andywightman.com/archives/4152
https://loveandgarbage.wordpress.com/2015/02/25/what-is-the-difference-between-real-rights-and-personal-rights-an-introduction-for-non-lawyers/
https://loveandgarbage.wordpress.com/2015/02/12/i-cant-believe-its-not-ownership-or-the-curious-tale-of-highland-titles-selling/
https://loveandgarbage.wordpress.com/2015/02/25/some-frequently-asked-questions-on-ownership-of-land-in-scotland-and-souvenir-plots/
https://loveandgarbage.wordpress.com/2015/02/15/more-on-highland-titles-can-you-be-a-laird/
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