Editing Conveyancing (section)

==Scotland==
{{main|Missives of Sale (Scots law)}}

In Scots law, conveyancing is carried out as a second stage in the voluntary transfer of land after the completion of the contractual stage. The position in [[Scotland]] under [[Scots law]] is that the contract is generally concluded at a much earlier stage than in the English & Welsh and [[List of national legal systems|common law jurisdictions]]. The contractual stage of the transfer is called the missives of sale between the buyer, or buyer's agent, and seller, or seller's agent. Missives are letters the body of which contain the contract of sale is formed. Once all the contractual terms are agreed, the missives are said to be concluded, and these serve as a binding contract for the sale of the property. Normally the contract is conditional upon matters such as the sellers being able, before completion of the transaction, to prove that they have good title to the property and to exhibit clear searches from the land registers and the local authority.<ref>{{Cite web|url=https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/section-f/division-c/advice-and-information/scottish-standard-clauses/|title=Scottish Standard Clauses|website=Law Society of Scotland|language=en|access-date=2020-04-26|archive-date=12 November 2020|archive-url=https://web.archive.org/web/20201112002927/https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/section-f/division-c/advice-and-information/scottish-standard-clauses/|url-status=live}}</ref>

From 1 December 2008 properties for sale are marketed with a 'Home Information Report.<ref>Housing (Scotland) Act 2006</ref> This consists of: a Single Survey, an Energy Report and a Property Questionnaire. The Home Report is available on request to prospective buyers of the property.  The date of final settlement is in Scotland known as the "date of entry", the date on which the Buyer is able to take possession of the property. The transfer of ownership itself only completes after the completion of the registration of the disposition document in the [[Registers of Scotland|Land Register of Scotland]].

Solicitors, advocates and licensed conveyancing practitioners are the only individuals legally permitted to conduct conveyancing for a fee in Scotland, and as such enjoy a conveyancing monopoly, under the '''Solicitors (Scotland) Act 1980''' section 32 which creates a criminal offence for any unlicensed person preparing conveyancing documents in the expectation of a fee.<ref>{{Cite web|url=http://www.legislation.gov.uk/cy/ukpga/1980/46/section/32/data.htm|title=Solicitors (Scotland) Act 1980|website=www.legislation.gov.uk|access-date=2020-04-26|archive-date=28 July 2020|archive-url=https://web.archive.org/web/20200728160713/https://www.legislation.gov.uk/cy/ukpga/1980/46/section/32/data.htm|url-status=live}}</ref> Having said that, there is no legal requirement in Scotland to use the services of a solicitor, advocate or licensed conveyancing practitioner to transfer property ownership/land title. A willing buyer and seller can submit all the necessary completed documents to the Land Register of Scotland themselves.