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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
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 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
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.
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 ...
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 ...
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]