Chapter

Succession

Peter W. G. Robson

in Housing Law in Scotland

Published by Edinburgh University Press

Published in print April 2011 | ISBN: 9781845861117
Published online September 2015 | e-ISBN: 9781474406185 | DOI: https://dx.doi.org/10.3366/edinburgh/9781845861117.003.0007
Succession

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This chapter focuses on succession to owner-occupier property in Scotland in relation to the rules developed under the statutory rules constructed and interpreted during the twentieth century. There is a set of rules which recognise not only the rights of property owners to deal with their property as they see fit, but also recognise that the tenants who rent their properties have a stake in that property as well, mainly as a family home. The result has been a fascinating view of the changing notion of what amounts to a ‘family’ over the past century, as well as shifts in the level of rights property owners have enjoyed as compared with those of their tenants. Rights under a residential lease were originally not transmissible on death because of the doctrine of delectus personae. This chapter examines three major separate statutory tenancy regimes with different approaches to succession before turning to a discussion of the modern legal framework on succession and the development of property rights and the concept of ‘home’.

Keywords: succession; owner-occupier property; Scotland; home; property owners; tenants; family; residential lease; tenancy; property rights

Chapter.  9464 words. 

Subjects: Constitutional and Administrative Law

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