Scottish National Dictionary (1700–)
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First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.
DOMINIUM DIRECTUM, —UTILE, n.phr. Sc. law: (see quots.).Sc. 1754 J. Erskine Princ. Law Scot. ii. iii. 10:
The interest which a superior retains to himself in all feudal grants is called dominium directum, because it is the highest and most eminent right; and that which the vassal acquires goes under the name of dominium utile, as being subordinate to the other, and indeed the most profitable of the two, since the vassal enjoys the whole fruits which grow out of the subject.Ib. ii. vi. 1:
Under the dominium utile which the vassal acquires by the feudal right, is comprehended the property of whatever is considered as part of the lands disponed, whether of buildings, woods, etc., above ground; or of coal, lymestone, minerals, etc., under ground.Sc. 1891 J. Craigie Conveyancing 2:
The right to the dominium utile carried with it the exclusive possession and enjoyment of the lands contained in the grant, so long as the conditions of it were fulfilled by the grantee.
