Ownership and other rights - Scotland

Ownership and other rights - Scotland

1. Real Rights

   • Enforceable against the world at large
   • Principal Real Right
     • OWNERSHIP
       • Right in ones own property
       • *Permanent*
       • * excusive *
       • OWNED
         • HORIZONTAL BOUNDARIES - contained in the titles and their extend is clearly described
         • VERTICAL BOUNDARIES - own the 'grounds and 'heavens of the property''
       • EXCEPTIONS
         • SEPARATE TENEMENTS - may be things within boundaries that landowners do not own
           • interest in land owned separately from the solum
           • legal separate tenements
           • conventional separate tenements - created by afeermed in a deed
         • PERTINENTS -ownership may extend to things outside the landowners boundaries
       • Legal Restraints on use
         • Obligation of support
           • negative duty not to withdraw existing support from neighbours
         • Nuisance
           • more than one occasions
           • seriousness of harm - must be taken into account
           • the behaviour of the defender
           • DEFENCES
             • age
             • Stage
             • Capacity
         • Aemulatio vicini
           • the neighbour does something that it's itself lawful but does it merely out of spiteful use and the act is unlawful
         • Statutory restrictions
           • Legislation about planning, building, health and safety at work, pollution etx...
   • Subordinate Real rights - a R.R held by someone other than the owner
     • Rights in security
     • Proper Liferent
     • Servitude
     • Lease
     • Possession

2. Personal Rights

   • Enforceable only against a person who is subject of the right