抄録
<jats:p>In Scotland, like England, possession plays a part in landownership. In Scotland a non-owner may acquire a title to land by the operation of prescription;<jats:sup>1</jats:sup> in England the title of an owner may be lost by limitation<jats:sup>2</jats:sup> but an easement can be acquired by prescription,<jats:sup>3</jats:sup> as can a servitude in Scotland.<jats:sup>4</jats:sup> Because the acquisition of ownership in Scots law is by the operation of prescription, both a title and possession are necessary,<jats:sup>5</jats:sup> whereas in England only possession is required. Although the theory behind and the purpose of adverse possession are different in each jurisdiction, as are the periods of possession, the result in many cases will be similar. The purpose of this article is to look at the similarities and the differences, and to consider recent cases on possession in each jurisdiction to show to what extent, if at all, one jurisdiction may learn from the other. The Prescription & Limitation (Scotland) Act 1973 codified the law and, although it shortened the period of prescription, cases decided under the previous law, notably those on the requisites of possession, are still relevant.</jats:p>
収録刊行物
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- International and Comparative Law Quarterly
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International and Comparative Law Quarterly 45 (3), 667-675, 1996-07
Cambridge University Press (CUP)