IN SCOTLAND.

109

courts of Scotland : Nothing can be more simple, more effi-cacious, or less expensive.

The advantages arising from the preservation of principaldeeds, induced the legislature to enact, (1698, c. 4), that deeds,though not containing a clause of registration, may be record-ed in the books of council and session, as probative writs; andin this case, a copy is taken and preserved in the record, andthe principal deed, marked as having been recorded as a pro-bative writ, is returned to the party.

Such is the system ■of registration in regard to private deedsby which they may be preserved, or their obligations enforced,and by which the greater part of the private business of thecountry is conducted.

SECT. IX.

OF SERVITUDES AFFECTING LANDED PROPERTY.

Even where an individual has a complete right to propertyin land, it may yet be subjected to burdens, by which the pro-prietor is either restrained from the full enjoyment of his prp-perty, or liable to certain privileges claimed in behalf ofanother person *.

Servitudes are divided, by writers on the law of Scotland ,into three classes, natural, legal, and conventional .

1. Natural servitudes are, where two or more adjoining pro-perties, from their local situation, must allow certain privi-leges, or suffer certain burdens. For instance, the runningof a stream of water in its accustomed channel cannot be in-terrupted j and an inferior or lower situated tenement, must

* Erskine, B. ii, tit. 9, sect. 1.