Concepts Flashcards
Accession
Requires:
Physical attachment, functional subordination, permanency.
Missives
Formation of a sale, creates personal rights
Real burdens
Obligations affecting land.
Servitudes
Right to use an area of someone else’s land.
Essentials of servitudes
Must be 2 plots of land in separate ownership.
Praedial (Must benefit the land not the owner)
Burdened and benefited are usually neighbouring. If not must be sufficiently close.
Warrandice
Warranty by transferee
Positive prescription
(Acquisitive prescription)
Creates rights.
Negative prescription
(Extinctive prescription)
Destroys rights.
Specification
When something is created by two different entities - the creator becomes the owner.
Confusion
Mixture of liquids
Hypothec
Right of landlord to take tenants possessions.
Can’t be used along side other forms of security.
Original acquisition
Acquiring something without prior ownership
Derivative acquisition
Acquiring ownership through a transfer or transaction from a previous owner.
Sasines
Where deeds are recorded.
Land register component parts
Cadastral map
Title sheet record
Archive record
Application record
Encroachment
Inanimate objects - Brown v Lee Construction Ltd
Building on someone else’s land - McClellan v J+D Pierce
Ownership entitlements
Right to use
Right to enjoy the fruits
Right to transfer/destroy
Termination at ish
Lease can end on fixed date
Notice to quit - landlord
Letter of removal - tenant
40 days notice
Termination before ish
Lease can be terminated if one party becomes entitled
Lease formalities
A lease of under a year does not require writing.
Private residential tenancy does not require writing.
A lease for over a year must be in writing.
Lease formalities
A lease of under a year does not require writing.
Private residential tenancy does not require writing
A lease for over a year must be in writing
Lease implied terms
Rent
Purpose of let
State of property
Possession
Plenishing
Breach of contract
Advance notices
Provided after a disposition of sale.
Protected period of 35 days.
Must be agreed by both parties.
Offside goals rule
Prevents a person acquiring property unfairly. Knowledge of an earlier claim over property could prevent a person making a claim after.
