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Anyone know anything about Scots Land Law?

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  • #16
    Re: Anyone know anything about Scots Land Law?

    Originally posted by Wee man View Post
    KeithL
    It is not poorly constructed English it is Scottish!


    OK I am going..................

    Sent from my LG-H870 using Tapatalk
    Exactly! How can the Scots be expected to write good English - they can't even speak it properly!

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    • #17
      Re: Anyone know anything about Scots Land Law?

      Originally posted by Wee man View Post
      KeithL
      It is not poorly constructed English it is Scottish!


      OK I am going..................

      Sent from my LG-H870 using Tapatalk
      Although the document(s) in question are Scottish, it (they) are written in English, so, in my opinion it is poorly constructed English written by a Scot.
      Stewart

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      • #18
        Re: Anyone know anything about Scots Land Law?

        Originally posted by Shaw View Post
        Although the document(s) in question are Scottish, it (they) are written in English, so, in my opinion it is poorly constructed English written by a Scot.
        Although you may be correct, I'm thinking that the existing grammar and translation problems are a result of not only legal jargon but of an age when they were written into law?

        As much of Scotland was held in the hands of clans prior to the clearances, It didn't help matters that once people were evicted from their land, large scale land-grabbing took place. As ownership of land etc., was handed down, legal paperwork could have been non-existent and, therefore, impossible to prove ownership. Those that did the land-grabbing quite possibly - more than likely - had the illegality, written into new laws giving them the rights and privileges of ownership in law. Quite possibly the reason as to how the Feudal Law and feu duties came to be in, Scotland, and not in England.

        Many legal documents of that age, (1700’s 18th - 1800's 19th century) omit punctuation in an effort to prevent possible backlash in the future which could / would arise due to incorrect punctuation.
        Last edited by Wally; 8th November 2017, 05:25 PM. Reason: As a Scot, my English grammar is very poor. ;-)
        It's not what inspires us that is important, it's where the journey takes us.

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        • #19
          Re: Anyone know anything about Scots Land Law?

          Originally posted by Wally View Post
          Although you may be correct, I'm thinking that the existing grammar and translation problems are a result of not only legal jargon but of an age when they were written into law?

          It didn't help matters that people were evicted from their land during the clearances and that land-grabbing took place. Those that did the land-grabbing possible - more than likely - had the illegality, written into new laws giving them the rights and priviledgesof ownership in law. Hence the Feudal Law in Scotland and not in England.

          .
          In that case, Wally, one would expect it to be worded in such a way that the meaning is unambiguous, whether English or Scottish law. Particularly as Scottish law tends to be more prescriptive than English law.

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          • #20
            Re: Anyone know anything about Scots Land Law?

            @ ^ Perhaps you too, are correct?

            But looking at the current fiasco, reference the Panama Papers, it seems to makes more sense, that when it comes right down to the nitty-gritty, show me a law that doesn't have a get out clause or wording to that effect?

            There also seems to be a subtle difference when it comes to being illegal and being morally corrupt. If illegal you can go to jail. If morally corrupt, you have two choices? Continue to take sleeping pills to get a good nights sleep or, stick two fingers at the establishment and carry on regardless... = Kerching.

            PS: the only thing I know about the law is: Break it and get caught, you go to jail... unless you get a good solicitor.

            So far, over my 70+ years, I've been extremely lucky.
            It's not what inspires us that is important, it's where the journey takes us.

            Wally and his Collie with our Oly bits & bobs

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            • #21
              Re: Anyone know anything about Scots Land Law?

              Originally posted by Wally View Post
              Those that did the land-grabbing quite possibly - more than likely - had the illegality, written into new laws giving them the rights and privileges of ownership in law.
              "The law locks up the man or woman
              Who steals the goose from off the common
              But leaves the greater villain loose
              Who steals the common from off the goose"

              Jim

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