Professor of Scots Law

CBE, FBA, FRSE, WS, MA, LLB
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Biography

Kenneth Reid studied history at St John's College, Cambridge and law at the University of Edinburgh, thereafter qualifying as a solicitor. He was appointed to the Chair of Property Law in 1994, having previously been a lecturer (from 1980) and then a senior lecturer. Since 2008 he has held the Chair of Scots Law. His inaugural lecture for that Chair, given on 18 September 2012, can be viewed at 

http://www.youtube.com/watch?v=YTFW7XXqBxY

For a period of 10 years, beginning in 1995, Professor Reid served as a Scottish Law Commissioner, directing a major programme of reform in the field of land law. Much of this was implemented by legislation: by the Abolition of Feudal Tenure etc (Scotland) Act 2000, the Title Conditions (Scotland) Act 2003, the Tenements (Scotland) Act 2004, the Long Leases (Scotland) Act 2012, and the Land Registration etc (Scotland) Act 2012. 

Professor Reid is a Fellow of the Royal Society of Edinburgh (2000), a Fellow of the British Academy (2008), and a Commander of the Order of the British Empire (2005). In 2015 he was awarded the honourary degree of LLD by the University of Cape Town.

Professor Reid has been a Visiting Professor at Tulane University and at Loyola University, New Orleans as well as a Fellow of the Business and Law Research Centre at Radboud University, Nijmegen. Since 2015 he has been a Fellow of the Stellenbosch Institute for Advanced Study. Professor Reid has participated in various working groups on European private law under the auspices of Nijmegen University and of the Trento Project. He has given lectures and papers at universities in many countries including England, Germany, the Netherlands, Belgium, South Africa, Hong Kong, and the USA. 

A former editor of the Edinburgh Law Review, Professor Reid now edits a monograph series, Studies in Scots Law as well as a series for historical reprints, Old Studies in Scots Law.

Research Interests

Professor Reid's main research interests lie in the general area of property law, both moveable and immoveable, and including: the classification of proprietorial rights; servitudes and other perpetual restrictions on the use of land; the transfer of property; land registration; trusts; succession; and comparative property law. He is also interested in legal history, especially of the eighteenth and nineteenth centuries.

Websites

Professor Kenneth Reid's Homepage at Edinburgh Law School

Biography

Kenneth Reid studied history at St John's College, Cambridge and law at the University of Edinburgh, thereafter qualifying as a solicitor. He was appointed to the Chair of Property Law in 1994, having previously been a lecturer (from 1980) and then a senior lecturer. Since 2008 he has held the Chair of Scots Law. His inaugural lecture for that Chair, given on 18 September 2012, can be viewed at 

http://www.youtube.com/watch?v=YTFW7XXqBxY

For a period of 10 years, beginning in 1995, Professor Reid served as a Scottish Law Commissioner, directing a major programme of reform in the field of land law. Much of this was implemented by legislation: by the Abolition of Feudal Tenure etc (Scotland) Act 2000, the Title Conditions (Scotland) Act 2003, the Tenements (Scotland) Act 2004, the Long Leases (Scotland) Act 2012, and the Land Registration etc (Scotland) Act 2012. 

Professor Reid is a Fellow of the Royal Society of Edinburgh (2000), a Fellow of the British Academy (2008), and a Commander of the Order of the British Empire (2005). In 2015 he was awarded the honourary degree of LLD by the University of Cape Town.

Professor Reid has been a Visiting Professor at Tulane University and at Loyola University, New Orleans as well as a Fellow of the Business and Law Research Centre at Radboud University, Nijmegen. Since 2015 he has been a Fellow of the Stellenbosch Institute for Advanced Study. Professor Reid has participated in various working groups on European private law under the auspices of Nijmegen University and of the Trento Project. He has given lectures and papers at universities in many countries including England, Germany, the Netherlands, Belgium, South Africa, Hong Kong, and the USA. 

A former editor of the Edinburgh Law Review, Professor Reid now edits a monograph series, Studies in Scots Law as well as a series for historical reprints, Old Studies in Scots Law.

Courses Taught

Comparative Property Law (LLM) (Course Organiser)

Property Law (Ordinary) (Course Organiser)

Property Law (Honours) (Course Organiser)

Trusts and Succession (Honours) (Course Organiser)

PhD Supervisees

Alasdair Peterson  'Positive Prescription of Servitudes and Rights of Way'

Andrew Sweeney  'The Landlord's Hypothec in Scots Law'

Books and Reports

Kenneth Reid, George Gretton, Conveyancing 2016, (Avizandum, 2017)
Abstract: Conveyancing 2016, the eighteenth volume in the series, offers a full and authoritative account of conveyancing law and practice in Scotland during the year 2016. As usual, the coverage includes:• all reported cases• all statutory developments• much other material of interest to practitionersThe authors analyse court decisions on topics as diverse as missives of sale; tenement repairs; servitudes; wayleaves; land registration; positive prescription; standard securities; the community right to buy; judicial rectification; break options; the effect of errors in notices; the application of personal bar to oral leases; tenancy deposit schemes; and special destinations.Particular attention is given to enforcing real burdens, servitudes of parking, Keeper-induced registration, and e-conveyancing.There is consideration of the Land Reform (Scotland) Act 2016 and the Private Housing (Tenancies) (Scotland) Act 2016, and a review of the increasingly complex pattern of property taxes in Scotland with an emphasis on the additional dwelling supplement.Written in a clear, direct style, Conveyancing 2016 is an essential guide for practitioners to this fast-moving area of law.

Kenneth Reid, George Gretton, Land Registration, (Avizandum, 2017)

Kenneth Reid, George Gretton, Conveyancing 2015, (Avizandum, 2016)

Kenneth Reid, Marius de Waal, Reinhard Zimmermann, Intestate Succession, (Oxford University Press, 2015)

Kenneth Reid, George Gretton, Conveyancing 2014, (Avizandum, 2015)
Abstract: Conveyancing 2014, the sixteenth volume in the series, offers a full and authoritative account of conveyancing law and practice in Scotland during the year 2014.As usual, the coverage includes:• all reported cases• all statutory developments much other material of interest to practitioners.The authors analyse court decisions on topics as diverse as common areas in leasehold and ‘owned’ developments, special destinations and their evacuation, personal bonds and heritable securities, servitudes, the variation and discharge of title conditions, land registration, leases, judicial rectification, the community right to buy, statutory notices, conveyancing fraud, and professional negligence.Particular attention is given to the use of real burdens in restraint of trade, and to ‘cautionary wives’ and the issue of sexually transmitted debt.The legislation discussed includes the Housing (Scotland) Act 2014 and the Buildings (Recovery of Expenses) (Scotland) Act 2014, as well as the coming into force of amendments to the Requirements of Writing (Scotland) Act 1995 which allow electronic deeds.

Kenneth Reid, Requirements of Writing (Scotland) Act 1995, (W Green, 2015)
Abstract: This title provides expert insight into how the Requirements of Writing (Scotland)Act 1995 brought about an overhaul of the Scottish system of execution of deeds.The Act simplified the rules about which rights may be constituted orally and which require writing. It prescribes the rights which, in Scots law, need writing for their constitution, and makes provision for how the writing is to be signed and authenticated. The Act now makes provision for electronic conveyancing, being updated to allow electronic documents to have the equivalent status and standards of validity and authenticity as paper. The book, which was first published in 1995, provides a detailed commentary, section by section, on every provision in the Act.Publishing in the Greens Annotated Acts series, this work provides authoritative commentary on the Act as it stands today, stating its full implications for those working within the Scottish legal system.

Kenneth Reid, Requirements of Writing (Scotland) Act 1995, (W Green/Sweet & Maxwell, 2015)

Kenneth Reid, George Gretton, Conveyancing 2013, (Avizandum Publishing, 2014)
Abstract: Conveyancing 2013, the fifteenth volume in the series, offers a full and authoritative account of conveyancing law and practice in Scotland during the year 2013. As usual, the coverage includes: all reported cases all statutory developments much other material of interest to practitionersThe authors analyse court decisions on topics as diverse as decision-making in tenements, abandonment of servitudes, real burdens in restraint of trade, interest to enforce real burdens, variation and discharge of real burdens and servitudes, liability for statutory notices, property enquiry certificates, fraud and the Land Register, the meaning of ‘proprietor in possession’, leases including rent review, break clauses, and turnover rents, enforcement of standard securities, fraudulent loan applications, judicial rectification, and insolvency. Particular attention is given to the vexed question of the description of common parts in housing estates, and to an Inner House decision on actions for payment in enforcement of missives. The legislation discussed includes the High Hedges (Scotland) Act 2013 and the Land and Buildings Transaction Tax (Scotland) Act 2013. Written in a clear, direct style,Conveyancing 2013is an essential guide for practitioners to this fast-moving area of law.

Kenneth Reid, George Gretton, Conveyancing 2012, (Avizandum Publishing, 2013)

Kenneth Reid, George L. Gretton, Conveyancing 2011, (Avizandum, 2012)

Kenneth Reid, Marius J. de Waal, Reinhard Zimmermann, Comparative Succession Law: Testamentary Formalities, (Oxford University Press, 2011)

Kenneth Reid, George L. Gretton, Conveyancing 2010, (Avizandum, 2011)

George Gretton, Kenneth Reid, Conveyancing, (W Green, 2011)

Kenneth Reid, George L. Gretton, Conveyancing 2009, (Avizandum, 2010)

Kenneth Reid, S. C. J. J. Kortmann, D. J. Hayton, N. E. D. Faber, J. W. A. Biemans, Towards an EU Directive on Protected Funds, (Kluwer Legal Publishers, 2009)

George Gretton, Kenneth Reid, Conveyancing 2008, (Avizandum, 2009)

Kenneth Reid, George L. Gretton, Conveyancing 2007, (Avizandum Publishing Ltd, 2008)

Kenneth Reid, M. J. De Waal, Reinhard Zimmermann, Exploring the Law of Succession: Studies National, Historical and Comparative, (Edinburgh University Press, 2007)
Abstract: By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national, historical and comparative. In particular it seeks to extend the techniques of legal comparison into an area of law where hitherto they have been little used. The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, but there are frequent comparative references, and special attention is given to the Netherlands as the country which has most recently re-written its succession law. The authors of the individual chapters are drawn from Scotland, South Africa, Germany, Italy and the Netherlands. Among the topics covered are freedom of testation, testamentary conditions and public policy, forfeiture clauses and events, revocation of wills by changed circumstances, revocation of mutual wills, fideicommissary substitutions, and succession agreements. The volume opens with an overview of the state of comparative law and with a consideration of compulsory heirship in Roman law.

Kenneth Reid, George Gretton, Conveyancing 2006, (Avizandum Publishing, 2007)

Kenneth Reid, George Gretton, Conveyancing 2005, (Avizandum Publishing, 2006)

Kenneth Reid, George Gretton, Conveyancing 2004, (Avizandum Publishing, 2005)

Kenneth Reid, George Gretton, Conveyancing 2003, (LexisNexis, 2004)

George Gretton, Kenneth Reid, Conveyancing, (Thomson/W Green, 2004)

Kenneth Reid, Daniel VisserReinhard Zimmermann, Daniel Visser, Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa, (Oxford University Press, 2004)
Abstract: Placed uniquely at the intersection of common law and civil law, mixed legal systems are today attracting the attention both of scholars of comparative law, and of those concerned with the development of a European private law. Pre-eminent among the mixed legal systems are those of Scotland and South Africa. In South Africa the Roman-Dutch law, brought to the Cape by the Dutch East India Company in 1652 was, from the early nineteenth century onwards, infused with and re-moulded by the common law of the British imperial master. In Scotland a more gradual and elusive process saw the Roman-Scots law of the early modern period fall under the influence of English law after the Act of Union in 1707. The result, in each case, was a system of law which drew from both of the great European traditions whilst containing distinctive elements of its own. This volume sets out to compare the effects of this historical development by assessing whether shared experience has led to shared law. Key topics from the law of property and obligations are examined, collaboratively and comparatively, by teams of leading experts from both jurisdictions. The individual chapters reveal an intricate pattern of similarity and difference, enabling courts and legal writers in Scotland and South Africa to learn from the experience of a kindred jurisdiction. They also, in a number of areas, reveal an emerging and distinctive jurisprudence of mixed systems, and thus suggest viable answers to some of the great questions which must be answered on the path towards a European private law.

Kenneth Reid, The Abolition of Feudal Tenure in Scotland, (LexisNexis UK, 2003)

Kenneth Reid, George Gretton, Conveyancing 2002, (LexisNexis, 2003)

Kenneth Reid, George Gretton, Conveyancing 2001, (Butterworths, 2002)

Kenneth Reid, George Gretton, Conveyancing 2000, (Butterworths, 2001)

Kenneth Reid, Reinhard Zimmermann, A History of Private Law in Scotland, (Oxford University Press, 2000)
Abstract: Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is a detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from the earliest times to the present day.

Kenneth Reid, George Gretton, Conveyancing 1999, (T & T Clark, 2000)

Kenneth Reid, George Gretton, A. G. M. Duncan, William M. Gordon, Alan J. Gamble, The Law of Property in Scotland, (Butterworths/Law Society of Scotland, 1996)

Kenneth Reid, Requirements of Writing (Scotland) Act 1995, (W Green/Sweet & Maxwell, 1995)

George Gretton, Kenneth Reid, Conveyancing, (W Green, 1993)

Articles

Kenneth Reid, 'Kształtowanie funkcji ochronnej rejestru nieruchomości w Szkocji: Studium prawno-porównawcze', (2015), Rejent, pp 17-48

Kenneth Reid, 'George Joseph Bell's Inaugural Lecture ', (2014), Edinburgh Law Review, Vol 18, pp 341-57

Kenneth Reid, 'Smoothing the Rugged Parts of the Passage: Scots Law and its Edinburgh Chair', (2014), Edinburgh Law Review, Vol 18, pp 315-40

Kenneth Reid, 'From Text-Book to Book of Authority: The Principles of George Joseph Bell', (2011), Edinburgh Law Review, Vol 15, pp 6-32
Abstract: Today George Joseph Bell’s Principles of the Law of Scotland is seen as markingthe end of the “institutional” period in Scottish legal development. Remarkably,however, the Principles was originally conceived, not as an authoritative workwhich would bring its author enduring fame, but as a student text intended toreplace a well-established work of the same name by John Erskine of Carnock,1one of Bell’s predecessors in the Chair of Scots Law at Edinburgh University. Andindeed the text was seen as one part only of a whole system of legal education. This paper examines the circumstances in which the Principles was written andconsiders its gradual transformation into a work of a quite different kind.

Kenneth Reid, 'Constitution of Trust: A Scottish Perspective', (2011), Edinburgh Law Review, Vol 15, pp 467-70

Kenneth Reid, 'National Reports on the Transfer of Movables in Europe, Vols 1 and 2. Ed by Wolfgang Faber and Brigitta Lurger ', (2010), Edinburgh Law Review, Vol 14, pp 535-37

Kenneth Reid, 'J B Thomas, Curious Connections: Master Musicians and the Law ', (2009), Edinburgh Law Review, Vol 13, pp 374-75

Kenneth Reid, 'Accessory Rights in Servitudes ', (2008), Edinburgh Law Review, Vol 12, pp 455-49

Kenneth Reid, 'Interest to Enforce Real Burdens: How Material is 'Material'?', (2007), Edinburgh Law Review, Vol 11, pp 440-43

Kenneth Reid, 'In on the Act ', (2006), Journal of the Law Society of Scotland, Vol 51, pp 48

Kenneth Reid, 'The Idea of Mixed Legal Systems ', (2003), Tulane Law Review, Vol 78, pp 5-40

Kenneth Reid, 'Vassals No More: Feudalism and Post-feudalism in Scotland', (2003), European Review of Private Law, Vol 11, pp 282-300
Abstract: At the very time when the feudal system of land tenure was being abolished in France, and elsewhere in Europe, it was enjoying an unexpected revival in Scotland as a means of controlling urban development. Land which was sold under the feudal system could be subjected to permanent conditions, known as “real burdens”, which regulated its future use; and in this way planning control was achieved by a mechanism of private law. Real burdens could (and can) also be used in a non-feudal context, in which case they resemble praedial servitudes. But, unlike servitudes, real burdens can impose affirmative obligations, such as an obligation to construct and maintain a building. Today Scotland is one of the last jurisdictions in the world to have an operational feudal system. That will shortly change. Legislation passed in 2000 abolishes the feudal system with effect from 28 November 2004. At the same time the law of real burdens is reformed and codified. The continued existence, and importance, of real burdens was the greatest obstacle to feudal abolition. For if feudal lords (“superiors”) were to disappear, who was to enforce the burdens? The legislation tackles the difficulty with various improvisations, in some cases reallocating enforcement rights to neighbours (including former superiors), and in others allowing the burdens to lapse altogether. Affirmative burdens will be a permanent legacy of the feudal era, but in other respects its continuing influence on land law is likely to be slight.

Kenneth Reid, 'The Title Conditions Bill ', (2000), Journal of the Law Society of Scotland, Vol 45, pp 25-27

Kenneth Reid, 'Patrimony not Equity: The Trust in Scotland', (2000), European Review of Private Law, Vol 8, pp 427-37
Abstract: While the distinction between legal and equitable ownership is of central importance to the historical development of the trust in England, the idea of trust does not depend on such a distinction. In the mixed legal systems, of which Scotland is an example, there is a fully developed doctrine of trust, but no corresponding doctrine of equity. This suggests that equity is not, after all, the main organising feature of the law of trusts. The argument of this paper is that the fundamental characteristic of the trust is not dual ownership, but dual patrimony. In the normal case a single person has only a single patrimony. But in a trust there are two patrimonies, for, in addition to his private patrimony, the trustee holds a trust patrimony consisting of all the assets and liabilities of the trust. The patrimonies are distinct in law, so that the assets of the trust patrimony cannot be used to meet the liabilities of the personal patrimony. This idea of dual patrimony explains much in the law of trusts that is otherwise puzzling. In particular it explains the substitution of assets when trust property is bought and sold, the protection given to the trust beneficiary against the personal insolvency of the trustee, and the identity of the trust in a manner distinct from those who, for the time being, are its trustees and beneficiaries.

Kenneth Reid, 'Abolition of the Feudal System ', (1999), Journal of the Law Society of Scotland, Vol 44, pp 24-26
Abstract: Preparing for the abolition of the feudal system has been a challenging task. Systems of land tenure do not lie down and die of their own accord, and even after 800 years of adaptation and reform, the grip of feudalism remains tenacious and all-pervasive. Feudal abolition could scarcely be accomplished without fundamental change. The draft Abolition of Feudal Tenure etc (Scotland) Bill appended to the final report of the Scottish Law Commission (Scot Law Com no 168) comprises all of 71 clauses and 9 schedules and runs to some 100 pages. Yet while the legislation is, necessarily, complex, the broad principles of the reform are straightforward and can be summarised in a few pages

Kenneth Reid, 'Reform of the Law of the Tenement ', (1998), Journal of the Law Society of Scotland, Vol April, pp 22-23

Kenneth Reid, 'Reform of Law of Real Burdens ', (1998), Journal of the Law Society of Scotland, Vol Oct, pp 19-21

Kenneth Reid, 'Jam Today: Sharp in the House of Lords', (1997), Scots Law Times, pp (News) 79-84

Kenneth Reid, 'Equity Triumphant: Sharp v. Thomson', (1997), Edinburgh Law Review, pp 464-69

Kenneth Reid, 'Void and Voidable Titles and the Land Register ', (1996), Scottish Law & Practice Quarterly, Vol 1, pp 265-76

Kenneth Reid, 'Sharp v Thomson: A Civilian Perspective', (1995), Scots Law Times, pp (News) 75-79

Kenneth Reid, 'Sharp v Thomson: Property Law Preserved', (1995), Scottish Law & Practice Quarterly, Vol 1, pp 53-57

Kenneth Reid, 'Law Reform: What Comes Next?', (1994), Green's Property Law Bulletin, Vol 11, pp 6-9

Kenneth Reid, 'Unjustified Enrichment and Property Law ', (1994), Juridical Review, pp 167-99

Kenneth Reid, 'Negative Prescription - Five Years, Twenty Years or Not at All? ', (1994), Green's Property Law Bulletin, pp 10-12

Kenneth Reid, George Gretton, 'Retention of Title for All Sums: A Reply', (1993), Scots Law Times, pp (News) 165-67

Kenneth Reid, 'New Buildings and Old Servitudes ', (1993), Green's Property Law Bulletin, pp 6-8

Kenneth Reid, 'Registration or Rectification? ', (1993), Scots Law Times, pp (News) 97-102

Kenneth Reid, 'Good Company ', (1991), Scots Law Times, pp (News) 457-58

Kenneth Reid, 'A non domino Conveyances and the Land Register ', (1991), Juridical Review, pp 79-95

Kenneth Reid, 'Execution of Deeds by Companies: The New Law', (1990), Scots Law Times, pp (News) 241-45

Kenneth Reid, 'The Law of the Tenement: Three Problems', (1990), Journal of the Law Society of Scotland, Vol 35, pp 368-72

Kenneth Reid, 'Execution of Deeds by Companies: The Replacement Provisions', (1990), Scots Law Times, pp (News) 369-74

Kenneth Reid, 'Defining Real Conditions ', (1989), Juridical Review, pp 69-90

Kenneth Reid, 'Unintimated Assignations ', (1989), Scots Law Times, pp (News) 267-70

Kenneth Reid, 'The Actio Quanti Minoris and Conveyancing Practice ', (1988), Journal of the Law Society of Scotland, Vol 33, pp 285-87

Kenneth Reid, 'Good and Marketable Title ', (1988), Journal of the Law Society of Scotland, Vol 33, pp 162-66

Kenneth Reid, 'Date of Entry or Date of Settlement? ', (1988), Journal of the Law Society of Scotland, Vol 33, pp 431-32

Kenneth Reid, 'Trusts and Liquidators - A Reply ', (1988), Scots Law Times, pp (News) 365-7

Kenneth Reid, 'Winston v Patrick: The Problems Continue', (1988), Journal of the Law Society of Scotland, Vol 33, pp 7-9, 105

Kenneth Reid, 'Caveat Conveyancer ', (1987), Journal of the Law Society of Scotland, Vol 32, pp 196

Kenneth Reid, 'Trusts and Floating Charges ', (1987), Scots Law Times, pp (News) 113-16

Kenneth Reid, 'Execution of Deeds ', (1987), Journal of the Law Society of Scotland, Vol 32, pp 148-52

Kenneth Reid, 'Five Years On: Living with Winston v Patrick', (1986), Journal of the Law Society of Scotland, Vol 31, pp 316-18

Kenneth Reid, 'Execution or Revocation? ', (1986), Scots Law Times, pp (News) 129-31

Kenneth Reid, 'Constitution of Trust ', (1986), Scots Law Times, pp (News) 177-82

Kenneth Reid, 'Common Property: Clarification and Confusion', (1985), Scots Law Times, pp (News) 57-61

Kenneth Reid, 'Salmon Fishing in Troubled Waters ', (1985), Scots Law Times, pp (News) 217-23

Kenneth Reid, 'What is a Probative Writ? ', (1985), Journal of the Law Society of Scotland, Vol 30, pp 308-10

Kenneth Reid, 'Ownership on Registration ', (1985), Scots Law Times, pp (News) 280-85

Kenneth Reid, 'Fixtures: The Old Order Restored', (1985), Journal of the Law Society of Scotland, Vol 30, pp 500-01

Kenneth Reid, George Gretton, 'Insolvency and Title: A Reply', (1985), Journal of the Law Society of Scotland, Vol 30, pp 109-11

Kenneth Reid, George Gretton, 'Romalpa Clauses: The Current Position', (1985), Scots Law Times, pp (News) 329-35

Kenneth Reid, 'Registration of Title: The Draftman's Part', (1984), Journal of the Law Society of Scotland, Vol 29, pp 212-15

Kenneth Reid, 'What is a Real Burden? ', (1984), Journal of the Law Society of Scotland, Vol 29, pp 9-13

Kenneth Reid, 'Registration of Title: A Reply to the Replies', (1984), Journal of the Law Society of Scotland, Vol 29, pp 260-63

Kenneth Reid, 'Avoiding Stamp Duty ', (1984), Journal of the Law Society of Scotland, Vol 29, pp 73-74

Kenneth Reid, 'New Titles for Old ', (1984), Journal of the Law Society of Scotland, Vol 29, pp 171

Kenneth Reid, 'Real Conditions in Standard Securities ', (1983), Scots Law Times, pp (News) 169-73 and 189-91

Kenneth Reid, 'The Lord Chancellor’s Fixtures ', (1983), Journal of the Law Society of Scotland, Vol 28, pp 49-55

Kenneth Reid, 'Common Interest ', (1983), Journal of the Law Society of Scotland, Vol 28, pp 428-36

Kenneth Reid, 'Avoiding Winston v Patrick ', (1983), Journal of the Law Society of Scotland, Vol 28, pp W339

Kenneth Reid, 'The Law of the Tenement ', (1983), Journal of the Law Society of Scotland, Vol 28, pp 472-77

Kenneth Reid, George Gretton, 'Retention of Title in Romalpa Clauses ', (1983), Scots Law Times, pp (News) 77-82

Kenneth Reid, 'Ownership on Delivery ', (1982), Scots Law Times, pp (News) 149-53

Kenneth Reid, 'Prior Communings and Conveyancing Practice ', (1981), Journal of the Law Society of Scotland, Vol 26, pp 414-21

Chapters

Kenneth Reid, 'Banknotes and their vindication in eighteenth-century Scotland ' in David Fox, Wolfgang Ernst (ed.) Money in the Western Legal Tradition (Oxford University Press 2016) 556-572

Kenneth Reid, 'Allocating protections on the land register A case study from Scotland' in Arkadiusz Wudarski (ed.) Das Grundbuch im Europa des 21 Jahrhunderts (Duncker & Humblot, Berlin 2016) 395-412

Kenneth Reid, Marius de Waal, Reinhard Zimmermann, 'Intestate Succession in Historical and Comparative Perspective ' in Kenneth Reid, Marius de Waal, Reinhard Zimmermann (ed.) Intestate Succession (Oxford University Press 2015) ch 19

Kenneth Reid, 'Intestate Succession in Scotland ' in Kenneth Reid, Marius de Waal, Reinhard Zimmermann (ed.) Intestate Succession (Oxford University Press 2015) ch 16

Kenneth Reid, 'Patrimony not Equity ' in Remus Valsan (ed.) Trusts and Patrimonies (Edinburgh University Press 2015)

Kenneth Reid, '"Tell Me, Don't Show Me" and the Fall of the Conveyancer ' in Frankie McCarthy, James Chalmers, Stephen Bogle (ed.) Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie (Open Book Publishers 2015) 15-34

Kenneth Reid, 'John Erskine and the Institute of the Law of Scotland ' in John Erskine (ed.) An Institute of the Law of Scotland (Edinburgh Legal Education Trust 2014) ix-xxxiv
Abstract: Published posthumously in 1773, John Erskine’s An Institute of the Law of Scotland is the most important work on Scots law of the eighteenth century. Even today, it is one of the small canon of ‘institutional’ writings which continues to be consulted and to be cited in court. This paper begins by examining what is known of Erskine’s career, first as an advocate and then, from 1737 to 1765, as Professor of Scots Law at Edinburgh University. Detailed consideration is given to the writing of the Institute, to its publication, to the later editions, and to the fluctuations in the work’s reputation. Finally, the text of the Institute itself is examined, with particular attention being given to its structure, the range and depth of treatment, the relationship to the earlier Principles of the Law of Scotland (intended as a student text), and to the sources used.

Kenneth Reid, 'Embalmed in Rettie The City of Glasgow Bank and the Liability of Trustees' in Andrew Burrows, David Johnston, Reinhard Zimmermann (ed.) Judge and Jurist (Oxford University Press 2013) 489-508

Kenneth Reid, 'Conceptualizing the Chinese Trust ' in Lei Chen, C. H. (Remco) van Rhee (ed.) Towards a Chinese Civil Code (Martinus Nijhoff 2012) 209-31

Kenneth Reid, Marius J. de WaalReinhard Zimmermann, Marius J. de Waal, 'Testamentary Formalities in Historical and Comparative Perspective ' in Kenneth G. C. Reid, Marius J. de Waal, Reinhard Zimmermann (ed.) Comparative Succession Law (Oxford University Press 2011) 433-71
Abstract: Certain patterns emerge from the preceding chapters. Only three types of will are at all common. Two are private: the holograph will and the witnessed will. The third, the notarial will, is public. And whereas in common law jurisdictions only the witnessed will is usually recognized, in the civil law world there is often a choice between notarial wills and one of the private wills, usually the holograph will. In addition to these ‘ordinary’ wills, many systems provide for one or more ‘special’ wills such as emergency wills or wills made on board a ship or aircraft. This chapter considers the history of each will type, discusses the current state of the law, and traces the gradual retreat from formalities and from formalism itself. A final section evaluates each will type against a set of seven ‘virtues’ (cautionary, protective, facilitative, cheapness, secrecy, discoverability, and evidentiary), and offers some more general conclusions.

Kenneth Reid, 'Testamentary Formalities in Scotland ' in K. G. C. Reid, M. J. De Waal, R. Zimmermann (ed.) Comparative Succession Law (Oxford University Press 2011) 404-31
Abstract: There are no separate rules of testamentary formality in Scottish law, and wills are solemnised in the same way as other juridical acts for which writing is required. The reason is historical. Until 1868 it was not possible to make a will in respect of immoveable property, and heirs could only be disinherited by a deed which had at least the appearance of an inter vivos conveyance. In practice, such conveyances tended to be used for moveable property as well although a will was competent. The result was that wills were little used until the second half of the nineteenth century, by which time it was too late to develop distinctive rules of execution. This chapter examines the history of testamentary formalities in Scotland, considers the influences, internal and external, on the development of the law, and evaluates the role played by legal policy.

Kenneth Reid, 'Praedial Servitudes ' in Vernon Valentine Palmer, Elspeth Christie Reid (ed.) Mixed Jurisdictions Compared (Edinburgh University Press 2009) 1-29
Abstract: There is much that is similar or the same in the law of praedial servitudes in Scotland and Louisiana, but there are also significant points of difference. This chapter is organized as follows. Section A gives an overview of the law and sets that law in some kind of historical context. How is the law to provide where parties have failed to provide for themselves? This subject is quite a large one and the chapter considers only two specific aspects. One is the extent to which a servitude carries with it rights not mentioned in the juridical act which brought the servitude into being. The other is the circumstances under which the law will take the radical step of creating a servitude which the parties themselves have done nothing to bring about. These topics are explored in Sections B and C, respectively. Finally, Section D attempts to draw comparative conclusions of a more general nature.

Kenneth Reid, 'New Enforcers for Old Real Burdens Sections 52 and 53 Revisited' in Robert Rennie (ed.) The Promised Land (W. Green 2008) 71-90

Kenneth Reid, 'Modernising Land Burdens The New Law in Scotland' in Sjef van Erp, Bram Akkermans (ed.) Towards a Unified System of Land Burdens? (Intersentia 2006) 63-108

Kenneth Reid, 'While One Hundred Remain T B Smith and the Progress of Scots Law' in Elspeth Reid, D. L. Carey Miller (ed.) A Mixed Legal System in Transition (Edinburgh University Press 2005) 1-29
Abstract: This chapter begins with a review of T B Smith's career and writing, which are characterized by a number of paradoxes. It then traces his academic career which began in 1949 with his appointment to the vacant Chair of Law at the University of Aberdeen. It discusses his discovery of mixed legal systems and his inaugural lecture as Chair of Civil Law at Edinburgh on 17 October 1958, which set out, in uncompromising terms, a manifesto for the future of private law in Scotland. The chapter then considers the reactions to Smith's blueprint for Scots law, Smith's scheme for the renewal of Scots law, his interest in comparative law, his commitment to teaching, and his legal writing.

Kenneth Reid, 'Real Rights and Real Obligations ' in Steven E. Bartels, John Michael Milo (ed.) Contents of Real Rights (Wolf Legal Publishers, Nijmegen 2004) 25-46

Kenneth Reid, 'Kinnear, Alexander Smith, Baron Kinnear (1833–1917) ' in H. C. G. Matthew, Brian Harrison (ed.) Oxford Dictionary of National Biography (Oxford University Press 2004)

Kenneth Reid, 'Regulating Land Use The Role of Private Law' in Constitution and Law IV (Konrad-Adenauer-Stiftung 2001) 45-58

Kenneth Reid, 'Property Law Sources and Doctrine' in Kenneth Reid, Reinhard Zimmermann (ed.) A History of Private Law in Scotland (Oxford University Press 2000) ch 3

Kenneth Reid, 'A Note on Law Reporting ' in Kenneth Reid, Reinhard Zimmermann (ed.) A History of Private Law in Scotland (Oxford University Press 2000) xcviii-lxi

Kenneth Reid, 'Trusts in Scotland ' in David J. Hayton, S. C. J. J. Kortmann (ed.) Principles of European Trust Law (Kluwer Law International 1999) 67-84

Kenneth Reid, 'Obligations and Property Exploring the Border' in Daniel Visser (ed.) The Limits of the Law of Obligations (Juta 1998)

Kenneth Reid, 'Obligations and Property Exploring the Border' in Daniel Visser, Acta Juridica Editorial Board (ed.) The Limits of the Law of Obligations (Juta 1997) 225-45

Kenneth Reid, '700 Years at One Blow The Abolition of Feudal Land Tenure in Scotland' in Paul Jackson, David Wilde (ed.) The Reform of Property Law (Ashgate Publishing 1997) 299-311

Kenneth Reid, 'The Third Branch of the Legal Profession ' in Hector MacQueen (ed.) Scots Law into the 21st Century (W. Green / Sweet & Maxwell 1996) 39-49

Kenneth Reid, 'Property Part 1: General Law' in The Laws of Scotland (Butterworths and the Law Society of Scotland 1993)

Kenneth Reid, 'Law of Rights in Security [in Russian] ' in A. A. Rubanov, N. I. Solovjanenko (ed.) Inostrannye investitsii v stranakh SNG Velikobritanii (Akademiiâ nauk SSSR, Institut Gosudartstva i Prava 1992)

Kenneth Reid, 'Warrandice in the Sale of Land ' in Douglas J. Cusine (ed.) A Scots Conveyancing Miscellany (W. Green 1987) 152-74

Working Papers

Kenneth Reid, 'From Registration of Deeds to Registration of Title: A History of Land Registration in Scotland' 2015
Abstract: The origins of land registration in Scotland lie in a series of statutes of the sixteenth century. A later Act of 1617, still in force today, set up a national system of deeds registration. There was a choice between registration in a local register or in a central register in Edinburgh (the General Register of Sasines); and registration was constitutive of the real rights which the deeds sought to create. From the beginning the registers were open to the public. These early developments were a source of national pride. Towards the end of the seventeenth century, for example, Sir George Mackenzie commented that ‘Scotland hath above all other Nations, by a serious and long experience, obviated most happily all frauds, by their publick Registers’. By the end of the nineteenth century, however, the pioneer country seemed in danger of being left behind. Beginning in South Australia in 1858, the ‘Torrens’ system of registration of title spread throughout the Australian colonies and then to many other parts of the British Empire. And in England, too, which had no national land register until the nineteenth century, the first hesitant steps were being taken for the introduction of registration of title. In the light of these developments, a Royal Commission was appointed in Scotland in 1906 to consider a switch from registration of deeds to registration of title but its members were unable to reach agreement. It was left to a second government committee, chaired by Lord Reid and reporting in 1963, to recommend the introduction of registration of title. The clinching argument was an expected reduction in transaction costs, and hence the prospect of cheaper conveyancing. Legislation to implement the Reid Committee’s recommendations was eventually passed in 1979. This paper explores the evolution of land registration in Scotland, analyses the key legal developments, and offers an evaluation of the move from registration of deeds to registration of title.

Kenneth Reid, 'Body Parts and Property ' 2015
Abstract: The argument of this paper is that, in Scots law, separated body parts are (and ought to be) capable of private ownership, and that on severance from the body they become the property of the person from whose body they are taken. It is further argued that, where patients consent to a medical procedure, they will normally be taken to have donated to the hospital authority any tissue removed in the course of that procedure. Both doctrinal and policy considerations are examined, including (among the former) the division of things deriving from Roman law, the boundary between property rights and personality rights, the distinction between donation and abandonment, and the doctrines of occupatio and specificatio. The argument is also developed in the light of the decision of the Court of Session in Holdich v Lothian Health Board [2013] CSOH 197, 2014 SLT 495 where, as in the English case of Yearworth v North Bristol NHS Trust [2009] EWCA Civ 37, [2010] QB 1, a claim was being made in respect of distress, depression, and loss of the chance of fatherhood following damage to sperm being stored by the defenders.

Kenneth Reid, 'John Erskine and the Institute of the Law of Scotland ' 2015
Abstract: Published posthumously in 1773, John Erskine’s An Institute of the Law of Scotland is the most important work on Scots law of the eighteenth century. Even today, it is one of the small canon of ‘institutional’ writings which continues to be consulted and to be cited in court. This paper begins by examining what is known of Erskine’s career, first as an advocate and then, from 1737 to 1765, as Professor of Scots Law at Edinburgh University. Detailed consideration is given to the writing of the Institute, to its publication, to the later editions, and to the fluctuations in the work’s reputation. Finally, the text of the Institute itself is examined, with particular attention being given to its structure, the range and depth of treatment, the relationship to the earlier Principles of the Law of Scotland (intended as a student text), and to the sources used.

Kenneth Reid, 'Allocating Protections on the Land Register: A Case Study from Scotland' 2014
Abstract: A key question for any system of registration is whether, and if so to what extent, there is to be protection for those who seek to acquire property rights. If the protection is weak, or non-existent, an acquirer must work hard to verify the title which is being on offer and, even so, runs the risk that the title will be bad. Conversely, if the protection is strong, the task of acquirers is correspondingly light: they can rely on the information on the register, eschew independent inquiry, and sleep easy in the assurance that the newly acquired title is inviolable. Within the last fifty years, Scotland has changed its mind on this issue no fewer than three times. Beginning with a system which conferred almost no protection at all, Scotland moved, in 1979, to one where the protection of acquirers was virtually absolute. Finally, legislation passed in 2012 restricted the protection of acquirers, and sought to balance that protection with better protection for the ‘true’ owner, ie for a person who, while not taking part in or authorising the current transaction, is (or ought to be) the owner of the property. This paper explores the reasons for these sudden and violent changes of policy, and the light which they shed on the nature of land registration.

Kenneth Reid, 'Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees' 2013
Abstract: On October 1, 1878, the doors of the City of Glasgow Bank closed at the usual hour, never to re-open. The sudden collapse of one of Scotland’s largest financial institutions was a calamity for those directly affected, as well as a serious blow to the wider Scottish economy. In the end, all depositors and creditors would be paid in full, but only because, as with all joint-stock banks in Scotland, the liability of the Bank’s shareholders was unlimited. Six out of seven shareholders were ruined by the collapse, and those who were not suffered catastrophic losses. Particular objects of pity were those who held shares, not for themselves, but in trust for others. Yet, in the distinctive nature of the Scottish trust there was hope that their liability might be confined to the trust estate, leaving unaffected their personal wealth. The issue was tested in a litigation which was fought all the way to the House of Lords: Muir versus City of Glasgow Bank. A great deal is known about this case because the arguments of counsel were taken down verbatim and later published.This paper explores the background to the litigation, the manner in which it was conducted, both in the Court of Session and in the House of Lords, and the reasoning employed by counsel and by the judiciary. In deciding that the trustees must pay out of their own pockets, the court discounted any Scottish specialties and applied a rule which was already well-established in England. Yet within a few years, the law in Scotland was to be re-assembled in a manner which asserted the separation of trust and private liability and which led, in modern times, to the idea of the trust as a separate patrimony of assets and liabilities.

Kenneth Reid, 'Banknotes and Their Vindication in Eighteenth-Century Scotland ' 2013
Abstract: The first banknotes in Scotland were issued in 1695 following the incorporation of the Bank of Scotland. In a country critically short of coin and vulnerable to changes in its value, they were an almost immediate success. A century later no fewer than 21 banks, mainly private, issued notes, and Scotland was awash with paper money. This proliferation of paper would hardly have been possible without a stable legal framework. In 1749 the case of Crawfurd v The Royal Bank considered, and settled, one of the key legal issues: whether the holder of a banknote took free from infirmities of title which affected those from whom it had been acquired. In the litigation Mr Crawfurd sought to vindicate a £20 Bank of Scotland note which had gone missing in the post and turned up some time later in the hands of the Royal Bank of Scotland. The printed arguments of counsel which have survived provide a fascinating glimpse into a collision between orthodox property law on the one hand and the needs of commerce and the future of the banking system on the other. According to the former, Mr Crawfurd’s victory was assured because no one can acquire title through a thief; according to the latter, the Royal Bank must prevail, for any other result ‘would be to render the Notes absolutely useless, and consequently would in a great Measure deprive the Nation of the Benefit of the Banks, which could hardly subsist without the Circulation of their Notes’. In this battle of doctrine against policy, Roman law was used as a proxy, with both sides calling on Digest texts and on the account of vindication in Voet’s Commentarius ad Pandectas. Victory for the Royal Bank was obtained only by re-characterising a rule of bona fide consumption, by spending, as one of bona fide acquisition; and so with this flimsiest of doctrinal veneers, the free circulation of banknotes was assured.

Kenneth Reid, 'Conceptualising the Chinese Trust: Some Thoughts from Europe' 2011
Abstract: Today it is common to find trusts in civil law jurisdictions, a recent and significant example being the Chinese trust, introduced in 2001. Yet civil law trusts are not the same as their common law counterparts, and the Chinese trust departs in some respects even from the model often found in the civil law. In particular, the Chinese trust allows for the possibility of title to trust assets being held, not by the trustee, but by the settlor. The paper examines this arrangement and concludes that, while it could be made to work and would justify the name of “trust”, the Chinese legislation fails to provide sufficient restraints on the power of the settlor. The paper then turns to consider the immunity of trust funds from the private creditors of the trustee. How can this immunity be explained? A traditional analysis is that, as the beneficiaries apparently “prevail” over the private creditors, so the explanation must be found in the nature of the beneficiaries’ rights, which are said to be real or quasi-real. But this overlooks the position of trust creditors. They too “prevail” over private creditors or, to state the position more accurately for civil law trusts, they have a direct right of recourse against trust assets. Any explanation of immunity must thus account for trust creditors as well as for beneficiaries, and there can be no doubt that the claims of the former are (usually) personal and not real. The solution is to be found in the idea of dual patrimony. In a civil law trust there is segregation not only of assets but of liabilities as well. A trustee has both a private and a trust patrimony. Private creditors may claim only from the former, trust creditors (including beneficiaries) only from the latter. Trust funds are thus immune from private creditors because they are held in a patrimony in respect of which the creditors have no rights.

Kenneth Reid, 'From Text-Book to Book of Authority: The Principles of George Joseph Bell' 2010
Abstract: As the last of the “institutional” works, George Joseph Bell’s Principles of the Law of Scotland is today seen as marking the end of the “institutional” period in Scottish legal development. Remarkably, however, the Principles was originally conceived, not as an authoritative work which would bring its author enduring fame, but as a student text - indeed as one part only of a whole system of legal education. This paper examines the circumstances in which the Principles was written and considers its gradual transformation into a work of a quite different kind.

Kenneth Reid, 'Testamentary Formalities in Scotland ' 2010
Abstract: There are no separate rules of testamentary formality in Scotland, and wills are solemnised in the same way as other juridical deeds for which writing is required. The reason is historical. Until 1868 it was not possible to make a will in respect of immoveable property, and heirs could only be disinherited by a deed which had at least the appearance of an inter vivos conveyance. In practice such conveyances tended to be used for moveable property as well although a will was competent. The result was that wills were little used until the second half of the nineteenth century, by which time it was too late to develop distinctive rules of execution. This paper examines the history of testamentary formalities in Scotland, considers the influences, internal and external, on the development of the law, and evaluates the role played by legal policy.