Legal Definitions - heritage

In Scots law, heritage refers to property that passes from an owner to their heir upon the owner's death. This term specifically emphasizes land and any permanent structures or assets connected to it, such as a house, commercial building, or farm. It is also sometimes referred to as heritable property.

Here are some examples to illustrate this concept:

• The Ancestral Farm: Imagine a family in rural Scotland who has owned and operated a farm for several generations. When the current owner passes away, the entire farm – including the farmhouse, barns, fields, and any other permanent fixtures – is bequeathed to their eldest child. In this scenario, the farm, as land and its associated buildings, represents the child's heritage, as it is property inherited upon the death of the previous owner.

• The City Tenement Building: Consider a multi-story tenement building in Glasgow that has been owned by the same family for decades, with various flats rented out. Upon the death of the last surviving sibling who owned the building, it is passed down to their nephew as stipulated in their will. This building, being a piece of land with a permanent structure, constitutes heritage for the nephew, as it is real property acquired through inheritance.

• The Highland Cottage: An elderly woman living in a small, remote cottage in the Scottish Highlands, which she herself inherited from her parents, decides to leave it to her granddaughter. After the woman's passing, the cottage and the surrounding plot of land become her granddaughter's heritage. This exemplifies the term as it involves the transfer of land and a permanent dwelling to an heir after the owner's death.