Souvenir plot
Souvenir title or souvenir plots are a commonly sold online good or physical gift set whereby a seller will advertise ownership of a small plot of land in Scotland, advertising that the buyer will obtain the legal right of ownership in Scots law and/or the right to style themselves as a noble lord (in Scots: laird) or lady upon purchase. However the purchase is of no legal effect and many commentators of the sales practice consider it to be a scam. Right of Ownership The souvenir plot will advertise the purchase of 'ownership' of small plot of land part of an estate. However, Scots property law only recognises a defined number of real rights, or rights in rem, which follows the legal principle shared with other jurisdictions, that only real rights within the numerus clausus (closed number) are competent. Without the valid creation of a recognised real right, an individual only holds a personal (contractual) right against another. This means that where an individual contracts to purchase property from another, they only hold a contractual right not a right in rem in the property itself. Ownership is also a real right, or right in rem that falls within the numerus clausus. An Absolute Singular (Unititular) Right of Ownership Scots law follows the Roman law principle that the right of ownership in property (for definition of term see above) is absolute. Other legal systems such as United States jurisdictions consider ownership as a 'bundle of rights' which can be separated into different components and separated amongst different individuals. Instead in Scots law, ownership is a singular unitary right, that cannot be broken down into different components, it can only be transferred to another in whole or be encumbered through the creation of inferior real rights. The owner of a 'thing' has the right to usus, fructus, abusus - the right to use, to the fruits (enjoyment) and the right to abuse or destroy the property. In contrast to historically feudal systems such as England & Wales or Scotland (Davidian Revolution – 28 November 2004), ownership is not split among individuals, such as interests held by a feudal superior. Because ownership is a single right, when it is transferred, it transfers instantaneously, with the previous Owner being deprived of all ownership in the property, at the moment of registration in the Land Register. Transferring a right of Ownership in Scots Law There are three stages to creating a right of ownership in land: 1) The Contract (the Missives of Sale): for the contract to be formally valid it must meet the Requirements of Writing (Scotland) Act 1995. 2) The Conveyance (the Disposition): for the conveyance to be formally valid, the deed, known as the disposition, must meet the Requirements of Writing (Scotland) Act 1995. 3) Registration in the Land Register of Scotland: this must be registered validly in accordance with the Land Registration (Scotland) Act 2012. Registration of souvenir plots Even if a Seller of souvenir plots does validly create a contract