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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
Personal rights, rights in personam, such as those like the Missives of Sale (i.e.: a contract for the sale of corporeal heritable property) alone does not transfer the real right of ownership in itself. [5] Without a conveyance, i.e.: the deed of disposition, and public act (see below), real rights cannot be validly created in Scots law.
The missives of sale, in Scots property law, are a series of formal letters between the two parties, the Buyer and the Seller, containing the contract of sale for the transfer of corporeal heritable property (land) in Scotland. The term 'land' in this article includes buildings and other structures upon land. [1]
An Act to consolidate the Statutes relating to the constitution and completion of titles to heritable property in Scotland, and to make certain changes in the law of Scotland relating to heritable rights. Citation: 31 & 32 Vict. c. 101: Dates; Royal assent: 31 July 1868: Other legislation; Amended by: Statute Law Revision Act 1875
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.
Compulsory purchase are powers to obtain land in Scotland that were traditionally available to certain public bodies in Scots law.Scots law classifies compulsory purchase as an involuntary transfer of land, as the owner of the corporeal heritable property (land) does not consent to the transfer of ownership.
At common law in Scotland debts secured on heritable property are themselves heritable. But by the Titles to Land Consolidation (Scotland) Act 1868, s. 117, heritable securities are movable as far as regards the succession of the creditor, unless executors are expressly excluded.
Under the Entail Act 1685 (c 26), an entail or tailzie (pronounced: 'tailie') ensured that a heritable property could descend to a series of heirs or substitutes specified, even though the heirs may not have been inherited the property under Scots succession law. Entails were abolished under the Abolition of Feudal Tenure etc. (Scotland) Act ...