The Law of Property in Scotland


Book Description

Property Law is widely regarded as one of the most important titles in the Stair Memorial Encyclopaedia and, in response to popular demand, the section within it on the General Law of Property has been made available as a separate publication.




Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie


Book Description

Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.




Conveyancing Practice in Scotland


Book Description

Covering the many changes to property law and conveyancing practice driven by the Scottish Parliament in recent years, including its land reform agenda, Conveyancing Practice in Scotland, Eighth Edition is an indispensable guide for residential and commercial property lawyers at all levels. Encompassing both commercial and residential conveyancing, the Eighth Edition of this highly regarded text, has been reviewed and updated throughout to take account of: - evolving and settled practice under the Land Registration etc (Scotland) Act 2012 - the practical effects of the community rights to buy - introduction of the Additional Dwelling Supplement on Land and Buildings Transaction Tax - prospective effects of the proposed Register of Controlled Interests in Land - the Scottish Law Commission proposals for changes to the law relating to title conditions, and heritable securities In addition to the property law aspects, this text also covers the practical and ethical considerations of acting in a conveyancing transaction, such as anti-money laundering procedures and conflicts of interest. Standard missive clauses are examined in detail with reference to their application in practice. Written by practising lawyers with many years of transactional and mentoring experience, this book is the only practical guide to managing conveyancing transactions in Scotland.




Land Law and People in Medieval Scotland


Book Description

This ambitious book, newly available in paperback, examines the encounter between Gaels and Europeans in Scotland in the central Middle Ages, offering new insights into an important period in the formation of the Scots' national identity. It is based on a close reading of the texts of several thousand charters, indentures, brieves and other written sources that record the business conducted in royal and baronial courts across the length and breadth of the medieval kingdom between 1150 and 1400.Under the broad themes of land, law and people, this book explores how the customs, laws and traditions of the native inhabitants and those of incoming settlers interacted and influenced each other. Drawing on a range of theoretical and methodological approaches, the author places her subject matter firmly within the recent historiography of the British Isles and demonstrates how the experience of Scotland was both similar to, and a distinct manifestation of, a wider process of Europeanisation.




Louisiana Property Law


Book Description

Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Québec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property. Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).




Land Reform in Scotland


Book Description

A stimulating rethink of contemporary land reform in Scotland from historical, legal, and socio-economic perspectives Land reform is as topical as ever in Scotland. Following the latest legislative development, the Land Reform (Scotland) Act 2016, there is a need for a comprehensive and comprehensible analysis of the history, developing framework and impact of Scottish land reform. Scholarly yet jargon-free, this landmark volume brings together leading researchers and commentators working in law, history and policy to analyse the past, present and future of Scottish land reform. It covers how Scotland's land is regulated, used and managed; why and how this has come to pass; and makes some suggestions as to the future of land reform. Key features: - Offers a holistic approach to land reform in Scotland; - Draws on case studies of land policies in the UK, mainland Europe and the USA to allow comparison and contextualisation of Scottish land reform with other models; - Examines the significance of right to property on the land reform process, and looks at how it is now being used as an impetus for economic and social rights reform; - Designed to suit individual academic specialisms, while still being accessible to readers across disciplines and professions. Malcolm M. Combe is a Senior Lecturer in law at the University of Strathclyde and non-practising solicitor Jayne Glass is a Land Use Policy Researcher at Scotland's Rural College (SRUC) and Honorary Lecturer at the University of Edinburgh Annie Tindley is a Senior Lecturer in modern British History at the Newcastle University










Property, Trusts and Succession


Book Description

This title provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. Key contents include: Personal and real rights, and types of property; Ownership and how it is transferred; Land registration; Possession; Subordinate real rights, including servitudes, real burdens, leases and securities; Proper and improper liferents; Trusts: constitution, administration and termination; Testate succession; Intestate succession; Execution of documents; Human rights; Appendix on the feudal system. Whilst aimed primarily at undergraduates, this important title will also prove a useful source of reference to practitioners seeking an introduction to this area of law.




Private Law and Human Rights


Book Description

A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland