Legal Definitions - nexus realis

In Scots law, a nexus realis refers to a legal burden or restriction that is permanently attached to a piece of property itself, rather than to a specific person. It functions as an encumbrance, meaning it limits what the property owner can do with their land or grants a specific right over it to another party, and this limitation or right remains with the property even if ownership changes.

• Example 1: A Right of Access

  Imagine a situation where a homeowner, Ms. Wallace, owns a house that can only be accessed by crossing a specific path on her neighbor Mr. Henderson's adjacent property. If Ms. Wallace has a legally established right of access (a type of servitude) over Mr. Henderson's land, this right is a nexus realis. It means that Mr. Henderson's property is permanently burdened by Ms. Wallace's right to use that path. Even if Mr. Henderson sells his property to a new owner, the new owner will still be legally obligated to allow Ms. Wallace (and future owners of her house) to use that path for access.

• Example 2: A Building Height Restriction

  Consider a plot of land in a coastal town where local planning regulations have imposed a permanent restriction that no building constructed on that specific plot can exceed two stories, to preserve the sea views for properties behind it. This legally binding height restriction is a nexus realis. It is a burden attached to the land itself, limiting its development potential. Any future owner of that plot will be legally bound by this two-story height limit, regardless of their personal desire to build taller.

• Example 3: A Right to Draw Water

  Suppose a farmer, Mr. McGregor, sells a portion of his land to a developer but retains a legal right to draw water from a natural spring located on the sold portion of land for his remaining farm operations. This retained right to draw water is a nexus realis. It means the developer's newly acquired property is permanently burdened by Mr. McGregor's right to access and use the spring. If the developer later sells the land to another party, that new owner will also be legally required to allow Mr. McGregor (or whoever holds the right for the farm) to continue drawing water from the spring.