Legal Definitions - debita fundi

DEBITA FUNDI

Debita fundi refers to debts that are attached to the land or property. In Scots law, it means debts that affect the land.

• A mortgage is an example of debita fundi because it is a debt that is attached to the property. If the owner of the property fails to pay the mortgage, the lender can foreclose on the property.
• Unpaid property taxes are also considered debita fundi because they are a debt that affects the land. If the property owner fails to pay the taxes, the government can place a lien on the property.

These examples illustrate how debita fundi refers to debts that are tied to the land or property. They are not personal debts that follow the individual, but rather debts that are attached to the property itself. If the property is sold, the new owner inherits the debita fundi.