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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
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.
Heritable jurisdictions were, in the law of Scotland, grants of jurisdiction made to a man and his heirs. They were a common accompaniment to feudal tenures and conferred power on great families. Both before and after the Union frequent attempts were made by statute to restrict them since they were recognized as a source of danger to the state. [1]
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 will. [127] After 1868, it could be included in a will or testament, but if a person died intestate , it was still inherited exclusively by the eldest son. [ 128 ]
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 ...
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
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.