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Scots Property Law > Land Ownership > Flashcards

Land Ownership Flashcards

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1
Q

How do we know how far you land ownership extends?

A
  • began with bounding descriptions
  • then general descriptions e.g. postal address
  • now OS map shows beginning and end of property
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2
Q

Fences at ad medium filum

A

On the boundary line, owned to the middle by owner on either side

  • note: not joint ownership. Both own own half. Accession, fence part of land
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3
Q

Vertical boundaries?

A

Not usually a problem as own from heavens t the centre of the earth

(a coelo usque ad centrum)

  • only qu in separate tenements
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4
Q

Parts and pertinants

A

Right exercisable beyond land boundary, e.g. garden or parking space. Or incorporeal like a servitude

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5
Q

Water rights: running water

A

Is ownerless

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6
Q

Standing water

A

now also believed to be ownerless

used to be land owner owned it

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7
Q

Occio pato

A

only own water if you take it

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8
Q

The land underneath water however can be owned

A

This land is called the alveus

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9
Q

What is the owner of the alveus called?

A

The riparian proprietorship

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10
Q

Alveus under tidal water…

A

always owned by the crown

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11
Q

If river marks boundary between two pieces of land then…

A

each owner owns by ad medium film: each own unto the middle

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12
Q

What if its a circular bit of water like a loch?

A

Own segments like a pie.

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13
Q

What rights do riparian proprietors have?

A
  • right to take water out of body for domestic purposes
    (not commercial)
  • right to fish for all but salmon
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14
Q

Obligations on land owners: delict?

A

Trespass, encroachment and nuisance

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15
Q

Trespass

A

Temporary intrusion

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16
Q

Encroachment

A

Permeant intrusion

17
Q

Nuisance

A

Someone else interfering in a way that prevents enjoyment of land

18
Q

Obligations on land owners: property law?

A

Specific common law/ statutory rules of access

- real conditions

19
Q

Common/statutory law on rights of access

A
  • rights held by the public against all landowners

- come from public law

20
Q

Real conditions?

A

Right of common interest,
servitudes
real burdens

21
Q

Common law rights of access

A
  • public rights of way
22
Q

What must a public right of way be?

A

An access route between two public places

- fixed route

23
Q

Public rights of way are created by …

A

Prescription

s3(3) of the public Rights of way (s) act 1973

24
Q

What does s3(3) of the public rights of way (s) act 1973 stipulate?

A

Must be used continuously for 20 years continuously

25
Q

Public must exercise right ‘civiliter’

A

in least burdensome way possible

no damage to land

26
Q

Public rights of navigation in tidal waters?

A

s3(3) PL (S) A 1973

27
Q

Public rights in tidal water?

A

Regalia Majora

Right to navigate tidal water. (not river bed) Right to fish whitefish and shellfish (not salmon, oysters or muscles)

28
Q

Rights to foreshore

A

Also regalia majora
Even if beach in private ownership
Only applies to land cover by sea at high tide (not for commercial purposes)

29
Q

Right to roam

A

Land Reform (S) Act 2003

30
Q

s1 of land reform (s) act 2003?

A

right to be on or cross land for specified purposes

31
Q

What are the specified reasons?

A

Educational purposes
Recreational purposes
Carry out commercial activity that could be done not for profit

32
Q

Right go access must be exercised reasonably

A

s2

‘no unreasonable interference’

33
Q

Land you cannot access: s 6’s exceptions

A

Dwellings, garden grounds

Place open to public for a feee for more than 90 days a year

34
Q

Limitations to land reform rights?

A

Only cover people on foot or bike

s9

  • public right of way may cover vehicles if that has been the practice
35
Q

Private law rights; Common interest?

A

For specific people e.g. neighbours

36
Q

Common interest obligations basically

A

force you to be good neighbours

37
Q

Examples:

A
  • maintenance (e.g. of common fences)
  • support (e.g. common walls)
  • drainage (accept drainage from higher properties)
  • reparian proprietors: not to pollute water or force it from its natural course
38
Q

Dispute as to whether common interest to maintain land (singing under it) comes from delict or servitude

A

If servitude: only liable to support building there at start of servitude

  • if delict then must support anything that has been built no matter when it was built.

Scots Property Law (13 decks)

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