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Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. In Scots law, the term 'property' does not solely describe land. Instead the term 'a person's property' is used when describing objects or 'things' (in Latin res) that an individual holds a right of ownership in. It is the rights that an ...
The Title Conditions (Scotland) Act 2003 (asp 9) is an Act of the Scottish Parliament.It came into force on 28 November 2004, and is one element of a three part land reform abolishing feudal tenure and modernising Scottish property law, the other two elements being the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and Tenements (Scotland) Act 2004 which came into effect on the same date.
The final legislation to introduce a new map-based system was the Land Registration (Scotland) Act 1979 (c. 33) which introduced a map-based Land Register of Scotland. The 1979 act provided that each county of General Register of Sasines would transfer over to the new Land Register. The 'live' date for each county was: [9]
Examples of the first category are all the pre-1939 war Acts and the Rent Acts of 1957, 1965 and 1974; and of the second, the Housing Act 1980, in Scotland this is the Tenant's Rights Etc. (Scotland) Act 1980; and the Housing Act 1988, in Scotland this is the Housing (Scotland) Act 1988.
The Tenements (Scotland) Act 2004 is an Act of the Scottish Parliament which is the main source of the law of the tenement, which regulates tenement flats.. The Act is part of a package of land reforms together with the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and the Title Conditions (Scotland) Act 2003, all of which commenced on 28 November 2004.
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
A large feature of Scots property law, is the publicity principle and the legal doctrine surrounding it. The publicity principle requires that in transfers of all property, there is a need for an external (i.e.: public) act in order to create or transfer real rights (or rights in rem). In Scots law, the publicity principle has not been analysed ...
The Land Reform (Scotland) Act 2003 has three parts, with provisions regarding three areas of land rights in Scotland; the creation of a legal framework for land access, the community right to buy and crofting community right to buy. [12] The first part formalises the tradition in Scotland of unhindered access to open countryside.