Liferent In Scots Law

[helplessone]

can anyone tell me if i'm given liferent on a house should it be recorded in the title deeds of the house or just theb title deeds? I'm giving my house to my brother and retaining liferent.

[buildersmate]

Liferent is a new term to me but (I discover) it seems to be equivalent to a 'life interest'. So if you are giving your property to your brother now but retaining liferent, then surely you are also setting up a trust to make this happen. But since trusts are complicated things and you are surely not attempting DIY, then why not ask your advisor?
In any event, your question is somewhat confusing because what you consider to be the distinction between the 'title deeds of the property' and the 'title deeds'. They are the same thing?

[Peter Pedant]

erm it should be independently recorded and not in the title deeds

This is a techinical point of such importance that you should be paying a lawyer to fix it up for you

[tonywiltshire]

I agree totally with BM and PP this will probably be a trust of land and now governed by the Trusts of land & appointment of trustees act 1996, which I believe applies in Scotland and you should seek legal advice rather than try to deal with this on a DIY basis.

[Nibble]

All your answers are covered in the following...
Registers of Scotland ch.39

http://www.ros.gov.uk/public/about_us/foi/manuals/legal/text/ch39.htm