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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
The floodplains of the Luvuvhu River and the Limpopo River.. South African property law regulates the "rights of people in or over certain objects or things." [1] It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. [2]
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]
The act formed the core of a three part reform of Scottish property law, alongside the Title Conditions (Scotland) Act 2003 and Tenements (Scotland) Act 2004. [6] The main provisions of the act included the abolition of feudal superiorities and tenure, to be replaced by a system of outright ownership in which those who had been vassals became ...
The court found that it should balance the rights of property owners under the Constitution [27] with those of indigents and occupiers, [28] and ruled that the landowners' right to equality [29] would be infringed if the state were to burden them with providing alternative accommodation without compensation. The obligation to provide access was ...
In present times, the introduction of the Human Rights Act 1998 also includes protections to owners under Article 1 of Protocol 1 to the Convention for compensation. The current rules for compensation payable under compulsory purchase are largely found in the Land Compensation (Scotland) Act 1963.
Under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, [117] an order for rectification of a defectively expressed contract that is registered in the Land Register (such as a lease or deed or servitude) will only affect any property rights upon its registration in the Land Register.
A large feature of Scots property law, is the publicity principle and the legal doctrine surrounding it. The publicity principle requires that in transfers of all property, there is a need for an external (i.e.: public) act in order to create or transfer real rights (or rights in rem). In Scots law, the publicity principle has not been analysed ...