Legal Definitions - right of retention

Definition: Right of retention is a legal term used in Scots law that refers to a possessor's right to keep a movable or immovable property until their claim against the property or its owner is satisfied.

For example, if a person repairs a car and the owner fails to pay for the repairs, the person who repaired the car can exercise their right of retention and keep the car until they are reimbursed for the cost of repairs.

There are two types of right of retention:

• General retention: A possessor's right to keep all property owned by a debtor as security for the debt.
• Special retention: A possessor's right to keep property owned by another until reimbursed for expenditures on the property for its repair or for its care and maintenance.

For example, if a landlord spends money on repairing a tenant's property, they can exercise their right of special retention and keep the property until they are reimbursed for the cost of repairs.

Overall, right of retention is a legal right that allows a possessor to keep a property until their claim against it or its owner is satisfied.