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Simple English definitions for legal terms
special retention
Read a random definition: Rule 11
A quick definition of special retention:
Special retention is a legal term used in Scots law to describe a situation where a person has the right to keep someone else's property until they are reimbursed for expenses they have incurred in repairing or maintaining the property. This is similar to a lien, which is a right to keep possession of property until a debt is paid. It is different from general retention, which is the right to keep all of a debtor's property as security for a debt.
A more thorough explanation:
Special retention is a legal term used in Scots law to refer to 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. This means that if someone has spent money on repairing or maintaining someone else's property, they have the right to keep that property until they are reimbursed for their expenses.
- If a landlord hires a contractor to repair a tenant's apartment and the tenant refuses to pay for the repairs, the landlord can use special retention to keep the tenant's belongings until they are reimbursed for the cost of the repairs.
- If a stable owner takes care of someone else's horse and incurs expenses for its food, shelter, and medical care, they can use special retention to keep the horse until they are reimbursed for their expenses.
These examples illustrate how special retention can be used to protect someone who has spent money on someone else's property. It allows them to hold onto the property until they are paid back for their expenses, ensuring that they are not left out of pocket.