Ownership and other rights - Scotland

Real Rights
1. Enforceable against the world at large
2. Principal Real Right
  1. OWNERSHIP
    1. Right in ones own property
    2. *Permanent*
    3. * excusive *
    4. OWNED
      1. HORIZONTAL BOUNDARIES - contained in the titles and their extend is clearly described
      2. VERTICAL BOUNDARIES - own the 'grounds and 'heavens of the property''
    5. EXCEPTIONS
      1. 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
      2. PERTINENTS -ownership may extend to things outside the landowners boundaries
    6. Legal Restraints on use
      1. Obligation of support
        negative duty not to withdraw existing support from neighbours
      2. Nuisance
        more than one occasions
        seriousness of harm - must be taken into account
        the behaviour of the defender
        DEFENCES
        age
        Stage
        Capacity
      3. Aemulatio vicini
        the neighbour does something that it's itself lawful but does it merely out of spiteful use and the act is unlawful
      4. Statutory restrictions
        Legislation about planning, building, health and safety at work, pollution etx...
3. Subordinate Real rights - a R.R held by someone other than the owner
  1. Rights in security
  2. Proper Liferent
  3. Servitude
  4. Lease
  5. Possession
Personal Rights
1. Enforceable only against a person who is subject of the right

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Ownership and other rights - Scotland

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	Created by Terataki about 11 years ago