Legal Definitions - infeft

In Scots law, the term infeft refers to the formal legal act of granting or transferring ownership of heritable property (land or buildings) to an individual or entity. It signifies the process by which a person is officially vested with the legal title and rights to a property, making their ownership public and recorded in the relevant land register. Essentially, to be "infeft" means to have one's ownership of land formally established and recognized by law.

• Example 1: Historical Land Grant

  Imagine a Scottish laird in the 17th century who wished to reward a loyal subject with a parcel of land. After a formal ceremony and the signing of legal documents, the laird would infeft the subject with the land. This act formally transferred the legal ownership and rights to the property from the laird to the subject, making the subject the new, recognized owner in the eyes of the law.

• Example 2: Modern Property Purchase

  Consider a couple purchasing a new home in Edinburgh. Once they have paid the purchase price and all contractual conditions are met, their solicitor will arrange for them to be infeft with the property. This involves registering their ownership in the Land Register of Scotland, formally vesting them with the legal title and making them the official, recorded owners of the house and the land it stands on.

• Example 3: Inheritance of an Estate

  Suppose a will dictates that a large country estate in the Scottish Borders is to be inherited by a specific beneficiary. After the original owner's death and the completion of all necessary legal procedures to confirm the will and settle the estate, the beneficiary would be infeft with the estate. This formal process legally transfers the title and ownership of the property from the deceased's estate into the beneficiary's name, establishing their legal right to the land and buildings.