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Handwriting Deciphering & Recognition / Re: Sasines - Lanarkshire
« on: Yesterday at 21:44 »
The whole process of passing on the ownership of land went as follows.
1. The owner of the land had a disposition drawn up which stated who he was disponing or passing on the land to and the reason he was doing so. It might contain details of a marriage contract if the land was being passed to a child following their marriage. It also contained a precept of sasine, which was an instruction to the owner's representative, usually called his baillie, to give formal ownership to the person getting the land or their representative. The precept of sasine gave the baillie full power to act for the landowner. The disposition was signed before witnesses and given to the person receiving the land or their representative..
2. On an agreed day, the following people met on the land being transferred: the person passing on the land or more usually their baillie; the person receiving the land or their representative (baillie, attorney, procurator); witnesses specially called; a notary public.
3. The person receiving the land or their representative handed the disposition to the person passing on the land or their baillie, who accepted it and handed it to the notary public. The disposition was then read to all present, including the precept of sasine which appointed the baillie.
4. The person passing on the land or their baillie then picked up earth and stones from the ground and handed them to the person receiving the land or their representative. This symbolically transferred ownership and infeft/seised/gave sasine to the new owner.
5. The new owner or their representative at this point "asked instruments one or more". This means they asked the notary public to draw up an instrument of sasine, a document describing in detail what had happened. The instrument of sasine also named the witnesses present at the transfer of the land.
6. The instrument of sasine (written up from notes taken at the time) was then taken to be recorded in the Register of Sasines for the area. This is what you have here. The original was retained by the new owner.
1. The owner of the land had a disposition drawn up which stated who he was disponing or passing on the land to and the reason he was doing so. It might contain details of a marriage contract if the land was being passed to a child following their marriage. It also contained a precept of sasine, which was an instruction to the owner's representative, usually called his baillie, to give formal ownership to the person getting the land or their representative. The precept of sasine gave the baillie full power to act for the landowner. The disposition was signed before witnesses and given to the person receiving the land or their representative..
2. On an agreed day, the following people met on the land being transferred: the person passing on the land or more usually their baillie; the person receiving the land or their representative (baillie, attorney, procurator); witnesses specially called; a notary public.
3. The person receiving the land or their representative handed the disposition to the person passing on the land or their baillie, who accepted it and handed it to the notary public. The disposition was then read to all present, including the precept of sasine which appointed the baillie.
4. The person passing on the land or their baillie then picked up earth and stones from the ground and handed them to the person receiving the land or their representative. This symbolically transferred ownership and infeft/seised/gave sasine to the new owner.
5. The new owner or their representative at this point "asked instruments one or more". This means they asked the notary public to draw up an instrument of sasine, a document describing in detail what had happened. The instrument of sasine also named the witnesses present at the transfer of the land.
6. The instrument of sasine (written up from notes taken at the time) was then taken to be recorded in the Register of Sasines for the area. This is what you have here. The original was retained by the new owner.