In Scottish law, the term “infeftment” is equivalent to “enfeoffment,” which refers to the act of bestowing a feudal estate or property onto another individual.
Infeftment is a term used in Scots law to describe the granting of feudal property rights to an individual. It is similar to the English term “enfeoffment.” For instance, if a landowner in Scotland wishes to give someone else the right to use and occupy their land, they must go through the process of infeftment. This process entails transferring the feudal rights to the new owner, who then becomes the “infeft proprietor” of the land. Infeftment is a crucial concept in Scottish property law as it establishes the legal ownership of land and other feudal property. The process involves a formal transfer of rights, usually accompanied by a written document called a “charter.” This document serves as evidence of ownership and can be utilised to resolve disputes concerning property rights.
Infeftment is a legal term used in Scottish property law to refer to the process of granting a person the right to possess and use a property.
Infeftment is a form of possession or right to use a property, while ownership refers to the legal title or control over the property. Infeftment is often granted by the owner to another party.
The owner of the property, also known as the granter, can grant infeftment to another person, known as the feoffee.
Sasine is a legal term used in Scotland to refer to the symbolic act of transferring possession of a property through the delivery of a clump of earth and a twig. It is often associated with infeftment.
Infeftment is not necessary for property ownership, but it can provide evidence of possession and can be important for certain legal transactions, such as selling or mortgaging the property.
Infeftment is recorded in the Register of Sasines, which is a public register maintained by the Registers of Scotland. This record serves as evidence of the right to possess the property.
Yes, infeftment can be transferred to another person through a process called assignation. The granter can assign their right of infeftment to another party.
Infeftment can be revoked if certain conditions are not met, such as non-payment of rent or breach of any conditions specified in the infeftment document. However, revocation typically requires legal proceedings.
Yes, infeftment can be granted for a limited period through a process called a liferent. This allows the feoffee to possess and use the property for their lifetime or a specified period.
Yes, infeftment can be challenged in court if there are disputes regarding its validity or if there are conflicting claims to the property. Legal proceedings may be required to resolve such disputes.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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