Legal Definitions - nexus realis

Definition: Nexus realis is a legal term used in Scots law to refer to an encumbrance on a property, such as a servitude. The term comes from the Latin phrase "a real fetter."

One example of a nexus realis is a right of way. If a property owner grants a right of way to their neighbor, that right of way becomes an encumbrance on the property. The owner cannot block the neighbor's access to the right of way without violating the terms of the agreement.

Another example of a nexus realis is a restrictive covenant. If a property owner agrees to certain restrictions on the use of their property, such as not building a structure over a certain height, those restrictions become an encumbrance on the property.

These examples illustrate how a nexus realis can limit a property owner's rights and freedoms. By agreeing to certain encumbrances, the owner is bound by those terms and cannot act in a way that violates them.