Dictionaries of the Scots Language
Dictionars o the Scots Leid

Scottish National Dictionary (1700–)

Hide Quotations Hide Etymology

Abbreviations Cite this entry

About this entry:
First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.

PREDIAL, adj. Also praedial. Sc. Law usage in comb. predial servitude, — service, a right or obligation connected with land (Sc. 1946 A. D. Gibb Legal Terms 66). See quots. and Servitude. [′pridɪəl]Sc. 1722 W. Forbes Institute I. ii. 139:
A Real or Predial Service is a Burden affecting one Man's Land or Tenement, for the use of that of another's directly.Sc. 1773 Erskine Institute ii. ix. § 41:
A simple liferent, where the subject is heritable, requires a seisin duly registered to make the right effectual against the granter's singular successors; and becomes not real, as predial servitudes do, by the natural use or exercise of the right.Sc. 1838 W. Bell Dict. Law Scot. 754:
The tenement over which a praedial servitude is constituted is called the servient tenement, and its proprietor, the servient proprietor: that in favour of which the servitude is constituted is called the dominant tenement, and its proprietor the dominant proprietor.Sc. 1927 Gloag and Henderson Intro. Law Scot. 429:
The distinction between praedial and personal servitudes is of little practical importance as the only personal servitude is liferent, and all other servitudes are praedial.