Things and Real Rights Flashcards
What are the 5 subordinate real rights? (incorporeal heritable property)
- Right in security
- Lease of land (but not hire of moveables)
- Proper liferent (but not improper or trust liferent)
- Servitude
- Real burden
What does it mean, that Scots property law is a ‘unitary system’?
moveable and heritable property are largely governed by the same principles
What is the principal real right?
Ownership
What is the difference between personal and real rights?
Personal rights are enforeable against a person, real rights are rights directly in a thing, enforceable against the world
What is corporeal heritable property?
Land and things that form part of land either naturally or by accession (building), and things connected to specific land, like keys
What is corporeal moveable property?
all other physical property aside from land
What is incorporeal heritable property?
(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).
what is incorporeal moveable property?
all other incorporeal property not related to land, like IP, contracts (both personal and real) gases, electricity, debts
What is a patrimonial right?
A right with an economic value, an asset
What are the two parts to patrimony?
(i) assets (patrimony rights) and (ii) liabilities
When can a person have more than one patrimony?
When there is a trust
How is the real right of ownership of land is transferred?
by registration in the Land Register
How is a right to money is transferred?
by an ‘assignation’ that is completed by notice to the debtor
What is a subordinate real right?
a real right in something, held by someone other than the owner
What is an incoming owner bound by?
bound by a real right, but will not normally be bound by a contractual right
How is the priority of real rights is determined?
by the date they become real – earlier by time, stronger by right
What is a ‘separate tenement’?
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.
How is Crown property divided?
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).
What are ‘real obligations’?
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.
What kind of leases can the statutes confer real right effect to?
Only to leases of immoveable property
What are the rights of a beneficiary under a trust?
Personal rights against the trustees