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Legal Definitions - cum domibus, aedificiis
Definition of cum domibus, aedificiis
The Latin phrase cum domibus, aedificiis is used in Scots law and translates to "with houses, buildings."
When this phrase is included in a legal document, particularly one transferring ownership of land (a conveyance or disposition), it signifies that the transfer includes not only the land itself but also all existing structures, such as houses, commercial buildings, outbuildings, or any other permanent constructions erected upon that land. It ensures that the buyer acquires the entire developed property, not just the undeveloped ground.
Here are some examples illustrating its application:
Residential Property Sale: When a family purchases a detached house in Scotland, the legal document transferring ownership (the disposition) will often contain the phrase cum domibus, aedificiis. This ensures that the sale encompasses not only the plot of land on which the house stands but also the dwelling house itself, any attached garage, garden shed, or other permanent structures already present on the property. The buyers acquire the complete residential unit, including all its buildings.
Commercial Development Acquisition: A property developer acquires a large parcel of land that currently contains an old, disused warehouse and a separate small office building. By including cum domibus, aedificiis in the conveyance, the developer legally obtains ownership of both the land and all existing structures—the warehouse and the office building—without needing to list each structure individually. This simplifies the legal description and confirms the transfer of all physical improvements.
Agricultural Estate Transfer: Consider the sale of a working farm that includes extensive fields, a main farmhouse, several large barns for livestock and storage, and a separate stable block. The inclusion of cum domibus, aedificiis in the property transfer document clarifies that the buyer is acquiring not just the agricultural land, but also the farmhouse, all the barns, and the stables. This ensures a comprehensive transfer of the entire developed agricultural property, crucial for the continued operation of the farm.
Simple Definition
"Cum domibus, aedificiis" is a Law Latin phrase, primarily used in Scots law, which translates to "with houses, buildings." When included in a property conveyance, this term legally ensures that all structures erected on the land are transferred along with the land itself.