Scots property law
Encyclopedia
Scots property law governs the rules of property
in Scotland
. A fundamental distinction in Scots law is between heritable and moveable property. Heritable property includes land and buildings, whereas moveable property includes title to property which actually physically moves, which would normally passes only on delivery. Moveable rights also include those to intellectual property, such as patents, trade marks and copyrights. It is worth noting that agreement on an offer for property purchase is a legally binding contract, resulting in a system of conveyancing
where buyers get their survey
done before making a bid to the seller's solicitor, and after a closing date for bid
s the seller's acceptance is binding on both parties, preventing gazumping. In recent times sales of house by way of offering to sell to the first party to make an unconditional offer of a fixed price has eroded the traditional offers over system. It is important historically because the feu
was first created in Scotland, which is an antecedent of the fee
system, used in conveyancing throughout the common law
system.
still had obligations to a feudal superior including payment of feu duty. This enabled developers to impose perpetual
conditions dictating how buildings had to be constructed and maintained, but added complications and became abused to demand payments from vassals who wanted to make minor changes. In 1974 legislation began a process of redeeming feu duties so that most of these payments were ended. A major package of land reform (the Abolition of Feudal Tenure etc. (Scotland) Act 2000
, the Title Conditions (Scotland) Act 2003 and the Tenements (Scotland) Act 2004
) commenced on November 28, 2004.
used a system called Udal Law
, owing to their former status as territory of Norway
. However, following legal reforms in November 2004, the significance of udal law in those islands is greatly reduced.
(IP) in Scotland is governed mostly by statute
, however it was a Scottish case Wills v Zetnews (1997 FSR 604) that first applied the existing copyright law to the internet
by categorising the net as a cable programme. This definition has now been superseded by European directives but the principle still stands.
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. A fundamental distinction in Scots law is between heritable and moveable property. Heritable property includes land and buildings, whereas moveable property includes title to property which actually physically moves, which would normally passes only on delivery. Moveable rights also include those to intellectual property, such as patents, trade marks and copyrights. It is worth noting that agreement on an offer for property purchase is a legally binding contract, resulting in a system of conveyancing
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
where buyers get their survey
Surveying
See Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
done before making a bid to the seller's solicitor, and after a closing date for bid
BID
Bid may refer to:*Bidding, making a price offer in an auction, stock exchange, or card games*Bid , a British home shopping channel...
s the seller's acceptance is binding on both parties, preventing gazumping. In recent times sales of house by way of offering to sell to the first party to make an unconditional offer of a fixed price has eroded the traditional offers over system. It is important historically because the feu
Feu
Feu was previously the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism until the Scottish Parliament passed the Abolition of Feudal Tenure etc. Act 2000...
was first created in Scotland, which is an antecedent of the fee
Fee
A fee is the price one pays as remuneration for services. Fees usually allow for overhead, wages, costs, and markup.Traditionally, professionals in Great Britain received a fee in contradistinction to a payment, salary, or wage, and would often use guineas rather than pounds as units of account...
system, used in conveyancing throughout the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system.
Feudal law
The feudal system lingered on in Scots law on land ownership, so that a landowner as a vassalVassal
A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context of the feudal system in medieval Europe. The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held...
still had obligations to a feudal superior including payment of feu duty. This enabled developers to impose perpetual
Perpetual
Perpetual may refer to:*Perpetual bond, a bond which pays coupons forever*Perpetual curacy, a type of Christian priesthood*Perpetual virginity, a Christian doctrine concerning the Virgin Mary*Perpetual Entertainment, a software development company...
conditions dictating how buildings had to be constructed and maintained, but added complications and became abused to demand payments from vassals who wanted to make minor changes. In 1974 legislation began a process of redeeming feu duties so that most of these payments were ended. A major package of land reform (the Abolition of Feudal Tenure etc. (Scotland) Act 2000
Abolition of Feudal Tenure etc. (Scotland) Act 2000
The Abolition of Feudal Tenure etc. Act 2000 was an act of the Scottish Parliament which was passed by the Parliament on 3 May 2000 and received Royal Assent on 9 June 2000....
, the Title Conditions (Scotland) Act 2003 and the Tenements (Scotland) Act 2004
Tenements (Scotland) Act 2004
The Tenements Act 2004 is an Act of the Scottish Parliament which regulates the law of the tenement in Scotland.The Act is part of a package of land reforms together with the Abolition of Feudal Tenure etc...
) commenced on November 28, 2004.
Udal law
The Northern IslesNorthern Isles
The Northern Isles is a chain of islands off the north coast of mainland Scotland. The climate is cool and temperate and much influenced by the surrounding seas. There are two main island groups: Shetland and Orkney...
used a system called Udal Law
Udal Law
Udal law is a near-defunct Norse derived legal system, which is found in Shetland and Orkney, Scotland and in Manx law at the Isle of Man. It is closely related to Odelsrett....
, owing to their former status as territory of Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
. However, following legal reforms in November 2004, the significance of udal law in those islands is greatly reduced.
Intellectual property law
Intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
(IP) in Scotland is governed mostly by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, however it was a Scottish case Wills v Zetnews (1997 FSR 604) that first applied the existing copyright law to the internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
by categorising the net as a cable programme. This definition has now been superseded by European directives but the principle still stands.