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Property Law > Glossary of Terms > Flashcards

Glossary of Terms Flashcards

1
Q

AFTA 2000

A

Abolition of Feudal Tenure (Scot) Act 2000

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2
Q

appointed day

A

28 Nov 2004. the day the feudal system was abolished and property law changed. The subsequent acts came into force.

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3
Q

vassal

A

person who held feudal land of a superior

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4
Q

traditional document

A

A document written on paper or some other tangible
surface. Under ROWA 1995 part 2 such documents are authenticated by
being signed at the end.

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5
Q

title sheet

A

The sheet used in the Land Register as a “title deed” for individual
properties. Held electronically, and divided into four sections: property,
proprietorship, securities and burdens.

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6
Q

TCA 2003

A

Title Conditions (Scot) Act 2003

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7
Q

TA 2004

A

Tenements (Scot) Act 2004

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8
Q

superior

A

The person of whom, in feudal tenure, land was held

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9
Q

corporeal property

A

property which a physical or tangible presence

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10
Q

deed

A

a document which had legal effect

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11
Q

derivative acquisition

A

acquisition of ownership (or other real rights) from an existing owner

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12
Q

designated day

A

8 Dec 2014. The date on which the Land
Registration etc (Scotland) Act 2012 came into force, replacing the Land
Registration (Scotland) Act 1979.

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13
Q

disposition

A

the deed used to transfer ownership of land

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14
Q

dominium directum

A

the feudal estate held by a superior

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15
Q

dominium utile

A

the feudal estate held by a vassal

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16
Q

dominium

A

ownership

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17
Q

feuduty

A

a yearly payment made by the vassal to the superior for the feu

18
Q

feu

A

a feudal estate in land

19
Q

goods

A

“all corporeal moveables except money” Sale of Goods Act 1979 s 61(1)

20
Q

heritable property

A

land and rights relating to land

21
Q

incorporeal property

A

property that does not have a tangible presence

rights, real and personal

22
Q

juridical act

A

an act of a person which is intended to have, and does have, legal consequences

e.g making a contract

23
Q

liferent

A

the right to use a property for the duration on one’s life

proper - real rights
improper - personal

24
Q

long lease

A

a lease granted for a period over 20 years

25
Q

LRA 2012

A

Land Registration (Scot) Act 2012

26
Q

missives of sale

A

A contract for the sale of land, constituted by letters
(“missives”).

27
Q

moveable property

A

property other than land

28
Q

original acquisition

A

Acquisition of ownership (or other real right) without
reference to the previous owner.

29
Q

over superior

A

The superior of a superior

30
Q

ownership

A

The strongest of the real rights, this is the right to use and dispose of property

31
Q

personal right

A

A right against a person or a specified group of persons

32
Q

real burden

A

An obligation restricting the use which can be made of land, or
requiring of its owner a performance

33
Q

real right

A

right directly in a thing

34
Q

register of sasines

A

the old land register

35
Q

SOGA 1979

A

Sale of Goods Act 1979

36
Q

servitude

A

A real right held by a person as owner of one piece
of land to make some limited use of a neighbouring piece of land which
belongs to someone else

37
Q

ROWA 1995

A

The Requirements of Writing (Scot) Act 1995

38
Q

right in security

A

A real right in a piece of property held by a creditor in
security of money or other debt which is owed to him. If the debt is not paid
when it falls due, the security usually allows the creditor to recover the money
by selling the property

39
Q

The Land Register

A

The “new” register for land which was established by the
Land Registration (Scotland) Act 1979

40
Q

encumbrances

A

Rights burdening land. This includes but is wider than
subordinate real rights

41
Q

CFRA 1970

A

Conveyancing and Feudal Reform (Scotland) Act 1970

Property Law (8 decks)

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