Legal Definitions - part and pertinent

In Scots law, the term part and pertinent refers to something that is legally considered an integral and essential part of a main property or right, even if it is not physically attached to it. These elements are so inherently connected to the principal item that they are automatically transferred when the main property is sold or conveyed, without needing to be specifically mentioned in the legal documents. They are understood to "run with the land" or the principal right, meaning they are inseparable benefits or burdens.

Here are a few examples to illustrate this concept:

• Example 1: Rural Property with a Right of Way

  Imagine a secluded cottage in the Scottish Highlands (the main property) whose only access to the public road is via a private track that crosses a neighboring farmer's field. If this right to use the track has been legally established over time, it would be considered part and pertinent to the cottage. When the cottage is sold, the new owner automatically acquires the legal right to use that access track, even if the sales contract doesn't explicitly detail this right. It is an inherent benefit that comes with owning the cottage itself.

• Example 2: Apartment with Shared Garden Access

  Consider an apartment in a historic Edinburgh tenement building (the main property) that shares access to a communal garden located at the rear of the property. The right to use and enjoy this garden, along with a share in its maintenance responsibilities, is often considered part and pertinent to the individual apartment. When the apartment is sold, the buyer automatically gains the right to use the shared garden, as it's seen as an inseparable amenity that enhances the value and enjoyment of the apartment.

• Example 3: Commercial Building with Allocated Parking

  Suppose a small office building in a busy Scottish town center (the main property) has a specific, designated parking space in a nearby multi-story car park, secured by a long-standing agreement. This parking right would likely be deemed part and pertinent to the office building. If the office building is sold, the new owner automatically inherits the right to use that specific parking space, as it's considered an essential and attached amenity that goes with the commercial property itself, crucial for its functionality and value.