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They include both moveable property (for example, cash, securities, civic regalia) and heritable property (land and buildings). By far the largest component of Common Good Funds is heritable property and while this mainly consists of public buildings and public spaces, such as parks, it also includes in some cases farm land and other heritable ...
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.
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.
In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property heritable property, and in French-based law, it is called immobilier ("immovable property").
Possession is distinct from the concept of ownership, deriving from the same distinction found in Roman law.However, possession is commonly regarded as the foundation of ownership due its requirement in the creation of the right of ownership (such as by occupatio and within transfers of corporeal moveable property). [5]
Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word cattle is the Old Norman variant of Old French chatel, chattel (derived from Latin capitalis, "of the head"), which was once synonymous with general movable personal property. [2]
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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 ...