Concepts

Question 1

Accession

Answer 1

Requires:
Physical attachment, functional subordination, permanency.

Question 2

Missives

Answer 2

Formation of a sale, creates personal rights

Question 3

Real burdens

Answer 3

Obligations affecting land.

Question 4

Servitudes

Answer 4

Right to use an area of someone else’s land.

Question 5

Essentials of servitudes

Answer 5

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.

Question 6

Warrandice

Answer 6

Warranty by transferee

Question 7

Positive prescription

Answer 7

(Acquisitive prescription)

Creates rights.

Question 8

Negative prescription

Answer 8

(Extinctive prescription)

Destroys rights.

Question 9

Specification

Answer 9

When something is created by two different entities - the creator becomes the owner.

Question 10

Confusion

Answer 10

Mixture of liquids

Question 11

Hypothec

Answer 11

Right of landlord to take tenants possessions.
Can’t be used along side other forms of security.

Question 12

Original acquisition

Answer 12

Acquiring something without prior ownership

Question 13

Derivative acquisition

Answer 13

Acquiring ownership through a transfer or transaction from a previous owner.

Question 14

Sasines

Answer 14

Where deeds are recorded.

Question 15

Land register component parts

Answer 15

Cadastral map

Title sheet record

Archive record

Application record

Question 16

Encroachment

Answer 16

Inanimate objects - Brown v Lee Construction Ltd

Building on someone else’s land - McClellan v J+D Pierce

Question 17

Ownership entitlements

Answer 17

Right to use

Right to enjoy the fruits

Right to transfer/destroy

Question 18

Termination at ish

Answer 18

Lease can end on fixed date

Notice to quit - landlord

Letter of removal - tenant

40 days notice

Question 19

Termination before ish

Answer 19

Lease can be terminated if one party becomes entitled

Question 20

Lease formalities

Answer 20

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.

Question 21

Lease formalities

Answer 21

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

Question 22

Lease implied terms

Answer 22

Rent

Purpose of let

State of property

Possession

Plenishing

Breach of contract

Question 23

Advance notices

Answer 23

Provided after a disposition of sale.

Protected period of 35 days.

Must be agreed by both parties.

Question 24

Offside goals rule

Answer 24

Prevents a person acquiring property unfairly. Knowledge of an earlier claim over property could prevent a person making a claim after.

Question 25

Contents of a disposition

Answer 25

Standard securities

Discharges of standard securities

Long leases

Servitudes

Question 26

Improper liferent

Answer 26

Enjoys the benefits of the property by trust.
If property is sold the new owner may not continue the liferent.

Question 27

Proper liferent

Answer 27

Vested directly with an interest in land.

Question 28

Subordinate real right

Answer 28

Rights in someone elses land

Question 29

Incorporeal heritable

Answer 29

Intellectual property - authors, copyright, debt.

Question 30

Corporeal heritable

Answer 30

Pen, book, car

Question 31

Corporeal moveable

Answer 31

Things that form land as part of accession (building).

Question 32

Incorporeal heritable

Answer 32

Things that form part of land by accession (buildings)

Question 33

Incorporeal heritable

Answer 33

All rights connected to heritable property.

Question 34

Diligence

Answer 34

Debt enforcement

Question 35

Succession

Answer 35

Objects/estate of a person

Question 36

Inhibition

Answer 36

Form of diligence preventing borrower from selling home without paying off creditor first.

Freeze rather than seize form of diligence.

Question 37

Elements of accession

Answer 37

Physical union

Functional subordination

Permanancy

Question 38

Floating charge

Answer 38

Instrument of security that can only be granted by company or limited liability partnership.

Question 39

Lien

Answer 39

Right to retain possession of property until he debt is paid.

Question 40

Pledge

Answer 40

Handing over property to secure a loan

Question 41

Every inch principle

Answer 41

Co-owners have the right to make use of ‘every inch’ of the property.