Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Loss definition

What does Loss mean? In legal practice, loss means the harm, detriment or deprivation suffered—financial, physical or proprietary—and is not confined to permanent deprivation; temporary loss can suffice. The term is a broad, descriptive label used across civil, criminal, regulatory and insurance contexts. Some statutes define it for particular purposes: e.g., the Fraud Act 2006 (E&W and NI) defines gain or loss in money or other property and includes temporary loss; exposing another to a risk of loss may suffice. Comparable wording appears in Ireland. In Scotland, fraud is largely common law, but usage is similar. In civil claims (contract and tort/delict), damages compensate for loss...

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

Published by a LexisNexis Property expert

Practice notes

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 act.

Nearest English equivalent

In Scotland, there is no distinction between equitable and legal remedies as there is in...

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Rachel Oliphant

Pinsent Masons

Rachel is a senior practice development lawyer for the Scottish property team at Pinsent Masons and is senior tutor in conveyancing on the Diploma in Legal Practice at The University of Edinburgh. After practising as a commercial property solicitor in England (at Reynolds Porter Chamberlain) and then in Scotland (at McGrigor Donald which she joined in 1995) Rachel became one of the first property professional support lawyers in Scotland in 2001. Rachel's transactional experience was in property development particularly retail development in both England and Scotland. In her current role at Pinsent Masons Rachel is responsible for keeping the property lawyers up to date on changes in property law and market practice, creating and maintaining precedents and organising and delivering training to ensure that the lawyers in the team are fully-equipped with the necessary technical excellence and skills to deliver a...

Web page updated on 21/05/2026

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