Joint Tenants or Tenants in Common- Scottish Land

Trusts Discussion
1

Hi there,

My client has a 3/10th interest in a property in Perthshire gifted to him by way of a Disposition.

There are two others holding 3/10ths with the original owner retaining 1/10th.

The document states “to x, y and z in respect of a three tenths pro indiviso share each and to me the said … in respect of the remaining one tenth”

The document also goes on to say…“together with the whole rights of property joint mutual and exclusive pertaining to …the Title Number…”

My client believes his interest is his to do with by his own Will, like our English & Wales Tenants in Common. For the avoidance of doubt my client is domiciled in England.

Can anybody kindly confirm for me?

Many thanks

Sian

2

It sounds as if there is no destination over to the survivors. So, your client can dispose of his share in his Will. To be sure, Check the Land Certificate to see of the words « and the survivors of us » is added to the section you quote.

Peter Eager

3

Thank you Peter.

I have checked the Scottish Land Registry Title Sheet and there is nothing to that effect. Is it worth asking for the Land Certificate to the sure in that event.

Kind regards

Sian

4

Title sheet will be accurate