Glossary of Terms Flashcards
AFTA 2000
Abolition of Feudal Tenure (Scot) Act 2000
appointed day
28 Nov 2004. the day the feudal system was abolished and property law changed. The subsequent acts came into force.
vassal
person who held feudal land of a superior
traditional document
A document written on paper or some other tangible
surface. Under ROWA 1995 part 2 such documents are authenticated by
being signed at the end.
title sheet
The sheet used in the Land Register as a “title deed” for individual
properties. Held electronically, and divided into four sections: property,
proprietorship, securities and burdens.
TCA 2003
Title Conditions (Scot) Act 2003
TA 2004
Tenements (Scot) Act 2004
superior
The person of whom, in feudal tenure, land was held
corporeal property
property which a physical or tangible presence
deed
a document which had legal effect
derivative acquisition
acquisition of ownership (or other real rights) from an existing owner
designated day
8 Dec 2014. The date on which the Land
Registration etc (Scotland) Act 2012 came into force, replacing the Land
Registration (Scotland) Act 1979.
disposition
the deed used to transfer ownership of land
dominium directum
the feudal estate held by a superior
dominium utile
the feudal estate held by a vassal
dominium
ownership
feuduty
a yearly payment made by the vassal to the superior for the feu
feu
a feudal estate in land
goods
“all corporeal moveables except money” Sale of Goods Act 1979 s 61(1)
heritable property
land and rights relating to land
incorporeal property
property that does not have a tangible presence
rights, real and personal
juridical act
an act of a person which is intended to have, and does have, legal consequences
e.g making a contract
liferent
the right to use a property for the duration on one’s life
proper - real rights
improper - personal
long lease
a lease granted for a period over 20 years
LRA 2012
Land Registration (Scot) Act 2012
missives of sale
A contract for the sale of land, constituted by letters
(“missives”).
moveable property
property other than land
original acquisition
Acquisition of ownership (or other real right) without
reference to the previous owner.
over superior
The superior of a superior
ownership
The strongest of the real rights, this is the right to use and dispose of property
personal right
A right against a person or a specified group of persons
real burden
An obligation restricting the use which can be made of land, or
requiring of its owner a performance
real right
right directly in a thing
register of sasines
the old land register
SOGA 1979
Sale of Goods Act 1979
servitude
A real right held by a person as owner of one piece
of land to make some limited use of a neighbouring piece of land which
belongs to someone else
ROWA 1995
The Requirements of Writing (Scot) Act 1995
right in security
A real right in a piece of property held by a creditor in
security of money or other debt which is owed to him. If the debt is not paid
when it falls due, the security usually allows the creditor to recover the money
by selling the property
The Land Register
The “new” register for land which was established by the
Land Registration (Scotland) Act 1979
encumbrances
Rights burdening land. This includes but is wider than
subordinate real rights
CFRA 1970
Conveyancing and Feudal Reform (Scotland) Act 1970
