Things and Real Rights

Question 1

What are the 5 subordinate real rights? (incorporeal heritable property)

Answer 1

• Right in security
• Lease of land (but not hire of moveables)
• Proper liferent (but not improper or trust liferent)
• Servitude
• Real burden

Question 2

What does it mean, that Scots property law is a ‘unitary system’?

Answer 2

moveable and heritable property are largely governed by the same principles

Question 3

What is the principal real right?

Answer 3

Ownership

Question 4

What is the difference between personal and real rights?

Answer 4

Personal rights are enforeable against a person, real rights are rights directly in a thing, enforceable against the world

Question 5

What is corporeal heritable property?

Answer 5

Land and things that form part of land either naturally or by accession (building), and things connected to specific land, like keys

Question 6

What is corporeal moveable property?

Answer 6

all other physical property aside from land

Question 7

What is incorporeal heritable property?

Answer 7

(i) ‘all rights connected with or affecting any (corporeal) heritable subject’: Erskine II 2 5.

(ii) ‘permanent’ and therefore ‘quasi – feudal’ rights not however connected with corporeal heritable property, such as (a) titles and coats of arms; and (b) rights that have a tract of future time (tractus futuri temporis).

Question 8

what is incorporeal moveable property?

Answer 8

all other incorporeal property not related to land, like IP, contracts (both personal and real) gases, electricity, debts

Question 9

What is a patrimonial right?

Answer 9

A right with an economic value, an asset

Question 10

What are the two parts to patrimony?

Answer 10

(i) assets (patrimony rights) and (ii) liabilities

Question 11

When can a person have more than one patrimony?

Answer 11

When there is a trust

Question 12

How is the real right of ownership of land is transferred?

Answer 12

by registration in the Land Register

Question 13

How is a right to money is transferred?

Answer 13

by an ‘assignation’ that is completed by notice to the debtor

Question 14

What is a subordinate real right?

Answer 14

a real right in something, held by someone other than the owner

Question 15

What is an incoming owner bound by?

Answer 15

bound by a real right, but will not normally be bound by a contractual right

Question 16

How is the priority of real rights is determined?

Answer 16

by the date they become real – earlier by time, stronger by right

Question 17

What is a ‘separate tenement’?

Answer 17

a right of ownership that is held by someone other than the owner of the land itself, i.e. flats, mineral rights and salmon fishing rights.

Question 18

How is Crown property divided?

Answer 18

Crown Public Estate - administered by the Crown Estate Scotland (held by the Crown as head of state, state property) and Crown Private Estate (their private property).

Question 19

What are ‘real obligations’?

Answer 19

Where a personal right is valid against whoever is the owner of given property for the time being. A security right is NOT a real obligation.

Question 20

What kind of leases can the statutes confer real right effect to?

Answer 20

Only to leases of immoveable property

Question 21

What are the rights of a beneficiary under a trust?

Answer 21

Personal rights against the trustees