What is a disposition?

a “disposition” is a legal document that transfers ownership of heritable property from one person to another. Essentially, it’s the Scottish equivalent of a ‘deed of transfer’ in other jurisdictions.

When someone buys a property in Scotland, they will receive a disposition from the seller, which conveys the property to the buyer. This document is then registered with the Registers of Scotland to give the buyer legal title to the property.

There will be costs associated with registering the disposition, which are payable to the Registers of Scotland. Your solicitor will usually handle this on your behalf.

What does a disposition contain?

The disposition will typically contain details about the property being transferred, the parties involved (i.e., the granter and the grantee), the price paid, and any conditions or burdens that apply to the property.

What happens before the disposition is received?

Before the disposition is drafted, the buyer and seller will typically exchange “missives.” This is a series of letters exchanged between the parties’ solicitors, concerning the terms and conditions of the property sale, which will culminate in a legally binding contract for the sale.

Before concluding the purchase, your solicitor will conduct various searches to ensure there are no issues with the property or the title. This can include ensuring that the seller has the right to sell, checking for any financial burdens on the property, or examining if there are any planning restrictions.

If you are obtaining a mortgage to purchase the property, your lender will typically require you to grant a “Standard Security” over the property in their favour. This is akin to a mortgage deed in other jurisdictions and is a separate document from the disposition.