Rei interventus meaning

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....

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...

In Scotland, under common law, a lease does not in fact end on the specified expiry date (ish) unless: either party serves proper and timeous notice of termination that notice is then implemented by subsequent conduct; and/or the tenant, in a separate document, confirms the lease will terminate and that they will vacate on the stated date Tacit relocation applies whether the lease was constituted: formally informally through circumstances engaging rei interventus, or orally See: Introduction: Stair's Laws of Scotland (Stair Memorial Encyclopaedia) [373]. Tacit relocation does not extend to seasonal leases where no notice to quit is required, eg seasonal sporting leases or leases for grazing or mowing. For further information, see: Leases affected: Stair Memorial Encyclopaedia [375]. Effect of tacit relocation The principle of tacit relocation (silent re-letting) is that, where neither party gives notice of an intention to end the lease at its ish, they are taken to...