“heritable property” refers to what is known in many jurisdictions as “real property” or “real estate”. It encompasses land and buildings, as well as any fixtures or fittings that are so integrated with the land or buildings that they are considered part of them.

This is in contrast to “moveable property,” which includes items like vehicles, furniture, and personal possessions.

Heritable property is governed by specific laws related to ownership, purchase and sale, inheritance, and more. These laws can be complex and may be different from those in other parts of the UK or in other countries, due to Scotland’s unique legal system.

The term “heritable” doesn’t necessarily imply that the property is or will be inherited, it is simply the term used in Scots law to denote property that is of a permanent, immovable nature.

What is the difference between Heritable and Movable property?

In Scots law, the primary distinction between heritable and movable property is whether the property is immovable and fixed to land, such as land itself or structures affixed to it, or whether the property is movable.

Heritable property includes land, buildings, and anything else that is permanently affixed to the land. This includes things that cannot be moved without causing damage to the property or changing its nature. For instance, a house is considered heritable property because it is permanently attached to the land.

Movable property, on the other hand, includes anything that can be moved from one location to another without causing damage or changing its nature. This can include both physical objects, like furniture or vehicles, as well as intangible assets like stocks, bonds, or intellectual property rights.

One point of potential confusion can be fixtures and fittings within a building. These can sometimes be a grey area because they can often be removed, but they are also considered to be part of the building. In many cases, whether something is considered a fixture (and thus part of the heritable property) or a fitting (and thus potentially considered movable property) can depend on the specific circumstances and may be a matter of legal interpretation.

Overall, the distinction between heritable and movable property is determined by its inherent characteristics and how it is treated under Scots law.