J
Jmbd
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Studying Business Law in Scot's Law. I have a scenario where a 'site' is being sold. Here's an excerpt so you know the context:
"John Young is director of "X". He has identified a potential development site in Lanrkshire. He enters into negotiations for the sale of the site with the present owner ..."
For the purpose of the question I need to know if Property Law applies to this situation. So does a "site" count as Land?
Here's what the Requirements of Writing (Scotland) Act 1995 says:
(7) In this section “interest in land” means any estate, interest or right in or over land, including any right to occupy or to use land or to restrict the occupation or use of land, but does not include—
(a)a tenancy;
(b)a right to occupy or use land; or
(c)a right to restrict the occupation or use of land
if the tenancy or right is not granted for more than one year, unless the tenancy or right is for a recurring period or recurring periods and there is a gap of more than one year between the beginning of the first, and the end of the last, such period.
(8)For the purposes of subsection (7) above “land” does not include—
(a)growing crops; or
(b)a moveable building or other moveable structure.
So am I right in thinking a 'site' is property?
Apologies if this comes across as a stupid question but a lot rides on this one technicality for my essay.
Many thanks.
"John Young is director of "X". He has identified a potential development site in Lanrkshire. He enters into negotiations for the sale of the site with the present owner ..."
For the purpose of the question I need to know if Property Law applies to this situation. So does a "site" count as Land?
Here's what the Requirements of Writing (Scotland) Act 1995 says:
(7) In this section “interest in land” means any estate, interest or right in or over land, including any right to occupy or to use land or to restrict the occupation or use of land, but does not include—
(a)a tenancy;
(b)a right to occupy or use land; or
(c)a right to restrict the occupation or use of land
if the tenancy or right is not granted for more than one year, unless the tenancy or right is for a recurring period or recurring periods and there is a gap of more than one year between the beginning of the first, and the end of the last, such period.
(8)For the purposes of subsection (7) above “land” does not include—
(a)growing crops; or
(b)a moveable building or other moveable structure.
So am I right in thinking a 'site' is property?
Apologies if this comes across as a stupid question but a lot rides on this one technicality for my essay.
Many thanks.