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This is the formal copy of a legal document that is legally equivalent to the original. Granting an injunction gives the new owner ownership of the land not only the entire land described in the provision, but also buildings, forests, waters and fishing rights (not salmon) and all other land within or below the surface (e.g., mining rights) or above (e.g., the airspace occupied by the building). This means that the owner theoretically owns everything that a coelo (from the sky) usque ad centrum (in the center of the earth) owns. In practice, however, there are many exceptions to this principle. Planning law often restricts the use of the property; Mining rights were often reserved for a former superior, and the use of airspace above it by aircraft is covered by other laws. “Usque ad coelum.” dictionary Merriam-Webster.com, Merriam-Webster, www.merriam-webster.com/dictionary/usque%20ad%20coelum. Retrieved 21 September 2022. Or “from heaven to the center of the earth.” In the law, it can rely on the proprietary principle of Cuius est solum, eius est usque ad coelum et ad inferos (“Whatever the soil, it is in heaven and in the depths [of the earth]”). A creditor is a person (natural or legal) to whom another person (the debtor) is indebted.

A secured creditor in land is a person who has received from its debtor an act in which it acknowledges the debt and provides security for the amount due. If the title is a hereditary property, it is essential to provide a standard title or a floating lot. A hereditary creditor is the Scottish equivalent of a mortgagee such as a bank or construction company. A directive, usually in a disposition or will, that prescribes the order of succession for movable and hereditary property (see definition). A solum is a floor area on which buildings have been erected. An owner of a building will also own the solum, unless there is a provision to the contrary, but not necessarily the mining rights. See also “a coelo usque ad centrum”. In the case of apartment buildings, the owner of the ground floor apartment is the owner of the Solum. However, unless otherwise provided in the titles, solum is designated as part of the “scheme property” under the Tenements (Scotland) For maintenance purposes 2004, so that all owners of apartments in the building, regardless of their owner, must bear part of the maintenance. Often, the titles of all apartments provide that the solum, in addition to various other common areas of an apartment building such as the roof, belongs to all owners.

When land, property or rights are transferred to a person, it means that he or she has a legal right of disposition, but not necessarily a title. This means that a person has unlimited ownership of the property, which is equivalent to real estate under English land law. In Scotland, historically, until the abolition of the feudal system, there were two distinct legal interests, superiority and quarrel. The superior`s succession was unrestricted and therefore absolute. In the context of a feudal succession, the beneficial owner (or “feuar”) must not have violated the conditions of fire, but he also had the right to take full possession of his property forever, and therefore his ownership is also considered absolute, subject to any legal restrictions, such as planning. A legal representative of a deceased person whose task is to dissolve the estate of the deceased. Feuduties, which were monetary payments due (usually annually) by a feudal to a superior, were abolished by the Abolition of Feudal Tenure etc (Scotland) Act 2000. However, a former superior has a period of two years from 28 November 2004 (the day of abolition) during which he may demand from the party who was the feorial on 28 November 2004 an indemnity in the amount of 21 times the annual obligation to fire. This describes the system used by the Land Register of Scotland, which was established in 1979 and introduced throughout Scotland county by county. Eventually, it will completely replace the Sasines register. The registration of ownership in relation to a parcel of land or land in the land register grants the owner the right of effective ownership. The general register of the Sasines is used to register the transfer of ownership to the land through the registration of deeds.

Only if a land buyer has registered the land transfer deed in the Sasines register, it can be assumed that he owns full ownership of the property. Replaced by the land register. See also “Land Register”. A separate document containing the easement and the actual charges, which can then be mentioned in several provisions. From a non-owner. Used to describe a disposition of land granted by a dispatcher who is not entitled to the land. A domino-free layout is used to dispose of a property without a traceable owner. After 10 years of undisputed ownership, the title of the dispatcher can no longer be contested. The doctrine of positive prescription heals the defect in the way the good was handed over.

If you purchased a printed title that contains an access token, you can find information about registering your code in the token. If a contract is concluded between two parties for the benefit of a third party or a class or group of persons expressly or implicitly named in the contract, it is said that the third party is awarded a “ius quaesitum tertio”. Previously, these rights of third parties could arise implicitly in connection with the right to enforce real charges. These implied rights have now been abolished and replaced by statutory implied performance rights under the Conditions of Title (Scotland) Act 2003. The commitment is permanent with the country. The land encumbered by the bond is called the encumbered asset, and the land that benefits from the bond is called the beneficial asset. Rights to participate in the estate of a deceased person to which a surviving spouse and direct descendants are entitled, regardless of any will. This dictionary of Scottish property concepts comes from a Customs and Excise Notice from Her Majesty (HMRC Notice 742/3 (June 2005)) and is protected by Crown copyright.

A link to the original notice on HMRC`s website is available at the bottom of this page. More dictionaries and reference sources for Scottish law can be found on the main about Scottish law page. It is a guarantee for an obligation created by a company on all or part of the assets of that company. However, a company can act and sell this property until the floating cargo sticks or crystallizes. Other legal dictionaries: Scottish Law Dictionaries and reference sources Other dictionaries and reference sources Conditions applicable to land following its entry in one of the Sasines registers or the Scottish Land Register. There are no fixed forms of actual charges, although they should impose positive obligations, negative obligations or obligations ancillary to a positive or negative obligation and should be consistent with the criteria for creating actual charges set out in the Securities Conditions (Scotland) Act 2003. Examples include maintenance obligations or prohibitions on the use of goods for commercial purposes. Feudal Reform: In the past, superiors could irritate a quarrel if the feudal did not discharge feudal burdens or pay the duty of fire. Since 9 June 2000, when the Abolition of Feudal Tenure, etc. (Scotland) Act 2000 received Royal Assent, this remedy has been abolished.

Notice in legal form given by one of the parties to a lease and indicating their intention to terminate a lease. Most of the sentences were taken from Wikipedia under the Creative Commons license. A separate deed that contains actual charges (and easements) used to impose ownership conditions on the property without the need for a transfer of ownership. A dominant dwelling house enjoys the right to exercise an actual office or servitude (the Scottish equivalent of English servitude or right to land) on neighbouring land. The land or property that is encumbered is called tenement servient. More modern terms “well-favoured” or “encumbered property” are becoming more common. A treaty exchanges one piece of land for another. A public register of land in Scotland under the management and control of the Keeper of the Registers of Scotland. It will be progressively enacted under the Land Registration (Scotland) Act 1979. It will eventually replace the registration of documents in the Register of Sasines.

A lifetime pension is a right to enjoy the use and benefit of other people`s land for the life of the beneficiary, see “Fees”. There are two types of life, fair and confident. A real-life duck is one created by a disposition. A trusted life is where a trust is interposed. Hereditary property (“real” or “immovable”) as opposed to movable property includes only naturally immovable property such as land minerals or objects associated with land, such as buildings.

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