Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“While we began looking at LexisNexis products primarily for cost saving, it quickly became more about customer service, ease of onboarding, ongoing training and breadth of resources available.”

Co-Op

Access all documents on Parts, privileges and pertinents

Parts, privileges and pertinents meaning

What does Parts, privileges and pertinents mean?
In conveyancing practice, this phrase signals that the land being transferred includes all its component parts and ancillary rights that belong to it, unless expressly reserved or excluded in the deed. It is a long‑standing descriptive formula rather than a defined statutory term. Its effect sits alongside statutory implication of “general words” and appurtenant rights (for example, in England and Wales under section 62 of the Law of Property Act 1925). In Scotland, “pertinents” is a technical concept recognised by case law, denoting rights and things accessory to heritable property, and commonly appears in dispositions and standard securities. Usage in Northern Ireland and Ireland is broadly consistent, with equivalent “general words” and appurtenances typically implied by conveyancing legislation and practice. It ordinarily covers: - Physical parts of the subjects (for example, yards, walls, driveways) and fixtures forming part of the land. - Rights, privileges and appurtenances such as easements/servitudes (rights of way, rights to light/support, use of services and conduits). - Shares in and rights over common parts and other advantages appertaining to the land. Practical significance: it helps ensure ancillary rights pass with the title. Any exceptions, reservations, burdens or incumbrances must be clearly set out to prevent unintended transfer.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Parts, privileges and pertinents

PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice

This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...

Read More Right Arrow