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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.
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
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 real right of ownership of corporeal heritable property (land). As this only relates to land, loss of ownership of moveable property is still possible. [25] However, while an owner of land's right cannot be extinguished by negative prescription, it can still be extinguished by operation of positive prescription by a possessor (see above).
For corporeal heritable property (land), the action of removal. NB: Removal proceedings are brought where the current possessor never had consent to occupy the land from the ius possidendi rightholder ab initio (ie: from the beginning). This is commonly the case with squatters. For corporeal heritable property (land), the action of ejection.
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]
English: An Act for taking away and abolishing the Heretable Jurisdictions in Scotland; and for making Satisfaction to the Proprietors thereof; and for restoring such Jurisdictions to the Crown; and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King’s Courts and Judges there; . . . and for rendering the Union of the ...