Real Rights: Practical Problems and Dogmatic Rigidity

Abstract

Scots law has a numerus clausus of real rights in relation to land. The structure fosters clarity and precision and gives the Scottish system of landholding great stability and predictability. Yet it may be that these strengths have been bought at the expense of inflexibility and injustice to individuals wishing to own land and enjoy rights in land. This article seeks to show that the Scottish system of real rights is much more flexible and responsive to changes in societal and commercial needs than is often appreciated, and that Scottish land law is not a slave to dogmatic rigidity.