Possession (Scots law)

rdf:langString Possession (Scots law)

rdf:langString Possession in Scots law occurs when an individual physically holds property with the intent to use it. Possession is traditionally viewed as a state of fact, rather than real right (or right in rem / property right) and is not the same concept as in Scots law. It is now said that certain possessors may additionally have the separate real right of ius possidendi (the right to possess). Like much of Scots property law, the principles of the law of possession mainly derive from Roman law. In possession, the custodian of the property (both heritable and moveable property are capable of possession) is termed a possessor and described as being in possession of the property if he/she detains the property with the necessary mental intention. Even if regarded as a real right, possession is distinct from the , and without the real right of ownership, or other possessory real right, a possessor's legal rights to the property are limited. However, the possessor has one important legal right, the right not to be unlawfully dispossessed, and its remedy, the action of spuilzie (pronounced 'spooley'), is still enforceable in modern times. The remedies within an action of spuilzie include restitution (return) of the property and compensation. Possession is relevant to many areas of Scots law.