Back-bond

'''Back-bond''', or '''back-letter''', in Scots law, is a deed qualifying the terms of another deed, or declaratory of the purposes for which another deed has been granted. Thus an ex facie absolute disposition, qualified by a back-bond expressing the limited nature of the right actually held by the person to whom the disposition is made, would constitute what in England is termed a deed of trust.<ref name=":0">{{EB1911|inline=y|wstitle=Back-Bond|volume=3|page=133}}</ref>

In Scots law, a '''back-bond''' (also known as a '''back-letter''') is a legal document that modifies or clarifies the terms of another deed, often specifying the true purpose behind the original grant.<ref name=":0" /> Typically, it accompanies a deed that appears to transfer property outright—known as an ''ex facie'' absolute disposition—but restricts the recipient's rights, revealing a more limited intent.<ref>{{cite book |last=Gloag |first=W. M. |title=The Law of Scotland |last2=R. Candlish |first2=Henderson |publisher=W. Green |year=2017 |isbn=9780414038639 |edition=14th |location=Edinburgh |page=512}}</ref> For example, a landowner might grant a farm to a creditor via an absolute disposition, with a back-bond stating the land is held only as security for a loan, to be returned once repaid—effectively creating a trust-like arrangement. This setup mirrors a deed of trust in English law, where property is held under specific conditions rather than owned outright.<ref>{{cite book |last=Stair |first=James Dalrymple |title=Institutions of the Law of Scotland |publisher=Edinburgh University Press |year=1981 |isbn=9780852243961 |editor=Walker, D. M. |location=Edinburgh |page=672}}</ref>

== References == {{reflist}}

{{DEFAULTSORT:Back-Bond}} Category:Real property law Category:Legal documents Category:Scots private law Category:Equity (law) Category:Wills and trusts Category:Scots law legal terminology