Legal Definitions - heritable property

In Scots law, heritable property refers to types of property that are generally considered fixed or immovable. This primarily includes land, buildings, and certain rights associated with land, such as servitudes (rights over another's land). When a person dies, heritable property passes to their heirs according to specific rules of succession, unless otherwise directed in a valid will. It is distinguished from "moveable property," which encompasses items like money, furniture, vehicles, and personal belongings.

• Example 1: A Family Farm

  The MacLeod family owns a farm on the Isle of Skye, which includes several fields, a farmhouse, and various barns. When the head of the family, Alasdair MacLeod, passes away, the farm is considered part of his estate.

  This farm, consisting of land and permanent structures, is classified as heritable property under Scots law. This means that its ownership will transfer to Alasdair's designated heir(s) according to the legal rules for inheriting heritable property, rather than being treated as a moveable asset.

• Example 2: A Commercial Office Building

  Ms. Fraser owns a multi-story office building in Edinburgh city centre, which she leases to several businesses. This building represents a significant asset within her overall wealth.

  The office building and the ground it occupies are fixed and immovable assets. Therefore, they are considered heritable property. Upon Ms. Fraser's death, ownership of this building would transfer to her heirs as heritable property, subject to any instructions she may have left in her will.

• Example 3: A Right of Support (Servitude)

  Mr. Wallace owns a terraced house in a historic Scottish town. His house relies on the structural integrity of his neighbour's adjoining wall for its own stability. This legal arrangement, ensuring the neighbour's wall provides support, is established as a "servitude" in the title deeds of Mr. Wallace's property.

  Although not a physical piece of land itself, this right of support is a legal right permanently attached to and benefiting Mr. Wallace's specific property. In Scots law, such a servitude is considered heritable property because it is inextricably linked to the land and passes automatically with the ownership of that land, rather than being a personal right that could be separated or moved.