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A 'cadastre' or cadastral map is a topographic map of Scotland with the title boundaries of all properties registered in the Land Register. It can be seen as an "electronic megaplan for the whole of Scotland". [71] The Cadastral Map operates on the Ordnance Survey map of Scotland, which is termed the base map. [72]
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland.. In Scots law, the term 'property' does not solely describe land. Instead the term 'a person's property' is used when describing objects or 'things' (in Latin res) that an individual holds a right of owners
The terms heritable and movable of Scots law to a great extent correspond with the real and personal of English law. The main points of difference are these. (1) Leases are heritable as to the succession to the lessee, unless the destination expressly exclude heirs, but are movable as to the fisk.
Accession (Latin accessio) is a method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to merge with (or accede to) another object (the principal), either moveable or heritable. [1] Accession derives from the Roman-law concept of the same name. Other jurisdictions employ similar rules.
Land law, or the law of "real" property, is the most significant area of property law that is typically compulsory on university courses. Although capital, often held in corporations and trusts, has displaced land as the dominant repository of social wealth, land law still determines the quality and cost of people's home life, where businesses and industry can be run, and where agriculture ...
Patrilineal primogeniture with regards to all types of immoveable property became the legal rule in all of Scotland during the reign of William I (1165–1214). Until 1868, all immovable property, also called in Scottish law "heritable property" (buildings, lands, etc.) was inherited exclusively by the eldest son and couldn't be included in a ...
Therefore, Scotland differs from common-law jurisdictions such as England & Wales, who operate on a causal system where the cause of the transfer is capable of annulling the transfer overall. By requiring a conveyance stage as well as the formation of a contract, Scots law adopts the traditio system where the cause of the transfer may be void ...
Section 3 takes into account the laws of other states on the make-up of a will, and says that the way a will is constructed does not have to be changed if the testator moves state after the will is executed. Section 5 took into account the Scottish system of property transfer, [10] but was repealed by the Succession (Scotland) Act 1964. [11]