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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 ownership in. It is the rights that an ...
Pages in category "Scots property law" The following 46 pages are in this category, out of 46 total. This list may not reflect recent changes. ...
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 ...
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.
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]
This type of residential property is governed by the Tenements (Scotland) Act 2004 and is discussed under the law of the tenement, a subsection of Scots property law relating to flatted properties. However, in Scots property law the term 'tenement' is in wider use and is used to describe both (1) 'legal tenements' and (2) 'conventional separate ...
Scots law follows the Roman law principle that the right of ownership in property (for definition of term see above) is absolute. Other legal systems such as United States jurisdictions consider ownership as a 'bundle of rights' which can be separated into different components and separated amongst different individuals. [2]
Occupatio allows an occupier of an object (res) with the intention to own the property to become the owner. As most property in Scotland is owned, and with the caduciary right (or escheat) that all ownerless property falls to the Crown, its application is uncommon. Nevertheless, it remains a valid method of acquiring ownership in Scots law. [1]