The Protection of Possession in Scots Law

What is it about?

There is a general principle in Scots law, derived from Roman law, that a possessor of property is entitled to protection against dispossession, pending consideration of the question of who is entitled to the property. This idea, though, has been largely forgotten in current Scots practice, although it is still found in other systems sharing this Roman influence. One example of this principle is the possessory judgment, by which a person who possesses land for seven years, in good faith, on an ex facie valid title is presumed to be owner, and is entitled to be treated as such unless and until that title is reduced (set aside) by the court. This chapter focuses on the possessory judgment.

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Why is it important?

This is the only comprehensive account of the possessory judgment in Scots law that exists in modern Scots legal literature.