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Example 4: H has a lease (a real right) in the property. G is the landlord (Owner) of the property. G tries to evict H unlawfully. H can sue G for interference with H's real right of lease. Accordingly, within Scots private law, personal rights belong to the law of obligations whereas real rights fall within the law of property. [9]
A common example of a deed not capable of registration is a lease of less than 20 years (i.e. a short lease), as only leases are capable of registration by one enactment alone: the Registration of Leases (Scotland) Act 1857, which limits registration to leases of more than 20 years.
The legal basis of real burdens and title conditions was then reformulated in the Title Conditions (Scotland) Act 2003. [9] The end of feudal tenure simplified titles to land, while the subsequent Title Conditions (Scotland) Act 2003 modernised the types of interests and conditions that can be attached to those titles. [ 10 ]
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. [1] Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property .
the real right of lease, this is only created by leases registered in the Land Register under the Registration of Leases (Scotland) Act 1857. any right exercisable as res merae facultatis. Despite being a long used phrase in Scots law, the definition of rights res merea facultatis (in Latin, lit: 'through a glass darkly') is uncertain. [26]
After that date, the former vassal of an estate was the sole owner of the land, and the former superior's rights were extinguished. For a further two years, the superior had the option of claiming compensation; this was fixed at a single payment of a size that, when invested at an annual rate of 2.5%, would yield interest equal to the former ...
In English and Irish law, a fee farm grant is a hybrid type of land ownership typical in cities and towns. The word fee is derived from fief or fiefdom, meaning a feudal landholding, and a fee farm grant is similar to a fee simple in the sense that it gives the grantee the right to hold a freehold estate, the only difference being the payment of an annual rent ("farm" being an archaic word for ...
The obligations under a contract are personal rights, rights in personam, so the contract alone does not create or transfer the real right of ownership in itself. [3] This is because Scots law follows the principle that traditionibus non nudis pactis dominia rerum transferuntur : ownership is transferred by delivery (or other conveyance) and ...