Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
View all Glossary Terms Related Content
CASE STUDY
“In some areas of research there were also significant time savings. You get to what you are looking for more quickly, which all goes to the value of the product.”
Harper McleodAccess all documents on Pro indiviso
Pro indiviso meaning
Published by a LexisNexis Private Client expert
What does Pro indiviso mean?
Describes co-ownership of property in undivided shares, where each owner holds a fractional interest in the whole rather than a physically demarcated part. In practice, a pro indiviso share gives joint owners rights to use and take profits from the entirety, subject to equivalent rights of the other co-owners; no owner may appropriate a specific portion exclusively without agreement or legal division.
The expression is Latin and descriptive, not generally defined by statute. It is most commonly used in Scots law (for heritable property and common parts), where titles often refer to “pro indiviso shares” and a co-owner may seek division and sale to end the arrangement. Across England & Wales and Northern Ireland/Ireland, the concept is the same—owners hold undivided shares—but the terminology is typically “joint tenancy” or “tenancy in common” (England & Wales) or co-ownership in undivided shares (Ireland/Northern Ireland). Termination or management issues are addressed by court powers to order sale or partition under the applicable co-ownership or partition legislation, or by agreement.
Typical uses include title drafting, common parts of buildings or estates, private roads, and shared servitudes or profits. The key practical point is management and exit: decisions require the agreed mechanism, and a co-owner can usually...
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 Pro indiviso
PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
21 May
Read More 
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...
21 May
Read More 
