Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Ownership definition

What does Ownership mean? In legal practice, ownership describes who has the bundle of rights over property: to possess, use, enjoy income, exclude others, transfer, or charge it, subject to law and third‑party rights (such as easements/servitudes, leases and security interests). It is a descriptive expression used across contexts (land, goods, shares, intellectual property), rather than a single statutory definition, though related concepts are defined in legislation and case law (for example, beneficial ownership in anti‑money laundering/PSC regimes and land registration rules). Across England & Wales, Northern Ireland and Ireland, lawyers commonly distinguish legal ownership (title shown on a register, deed or share register) from...

Investigating access for Scottish land transactions and developments: adopted roads, ransom strips, servitudes (deed, prescription, implied), public rights of way, right to roam, site assembly and tenement access

Published by a LexisNexis Property expert

Practice notes

Ownership, leasing or any other lawful use of land typically depends on being able to get to it, so that the land can be enjoyed. The public may use roads and footpaths adopted by local authorities and, where a plot abuts an adopted road, gaining access is usually uncomplicated. Where access must cross another person’s land, recourse to common law or statute might be available, but buyers will ordinarily prefer a formal arrangement—such as a contractual right or Servitude—where none already exists. If land is held in common or jointly, each owner may reach and traverse it without needing separate access rights. This Practice Note outlines the typical access questions that can arise in Scottish property deals and the matters a seller’s and a buyer’s solicitor may need to consider. The same themes can arise in lease transactions between landlord and tenant solicitors; for simplicity in this Practice Note, the parties are described as ‘seller’ and ‘buyer’ and the deal as a sale or purchase.

Access from a publicly adopted road

Local authorities maintain lists of publicly adopted roads; those lists, however,...

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Emma Gray

Blackadders

Emma trained and spent the first 13 years of her career in with Burness Paull prior to joining Blackadders in 2013 to head up the Commercial Property team. Emma is highly experienced in all aspects of commercial property including acquisitions and disposals, developments and investment work and landlord and tenant work (with wide ranging experience in both the office and retail and leisure sectors). Over the years Emma has particularly enjoyed acting for clients in the retail and leisure sector where she has considerable expertise. Being dual qualified under Scots and English law, Emma enjoys working on transactions with UK wide portfolios. This is particularly welcomed by clients in the retail sector with a national presence.Emma offers extensive experience in property finance, acting for lenders in secured lending transactions. Clients value her “can do”, commercial approach. Emma also acts for a number of large scale...

Stuart King

Blackadders

Leanne Hill

Blackadders

Leanne is a partner in the Commercial Real Estate team at Blackadders LLP based in the Aberdeen office but servicing clients throughout Scotland. She advises a broad range of clients on all their property requirements with a particular focus on investment transactions including acquisitions, disposals and asset management, primarily on office, retail and industrial assets. She has a strong background in acting for both lenders and borrowers on high value real estate finance transactions and property development work. Leanne also has significant expertise in dealing with the property aspects of corporate, restructuring and complex cross-border property deals....

Web page updated on 22/05/2026

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