Feu was long the most common form of land tenure in Scotland. Conveyancing in Scots law was dominated by forms which were called feudal until the Scottish Parliament passed the Abolition of Feudal Tenure etc. (Scotland) Act 2000. [Note 1] The word is the Scots variant of fee. [Note 2] The English had in 1660 abolished these tenures, with An Act Taking Away the Court of Wards ..., since 1948 known as the Tenures Abolition Act 1660. [3]
Duplicands of Feu-duties (Scotland) Act 1920 | |
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Act of Parliament | |
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Long title | An Act to amend the law relating to the payment of duplicands of feu-duties in Scotland. |
Citation | 10 & 11 Geo. 5. c. 34 |
Dates | |
Royal assent | 16 August 1920 |
Other legislation | |
Repealed by | Abolition of Feudal Tenure etc. (Scotland) Act 2000 |
Status: Repealed | |
Text of statute as originally enacted |
Prior to 1832, only the vassals of the crown had votes in parliamentary elections for the Scots counties. This favoured subinfeudation as opposed to outright sale of land. [4] This was changed by the Scottish Reform Act 1832, which increased the franchise of males in Scotland from 4,500 to 64,447. [Note 3]
In Orkney and Shetland islands, land is still largely possessed as udal property, a holding derived or handed down from the time when these islands belonged to Norway. [Note 4] Such lands could previously be converted into feus at the will of the proprietor and held from the Crown [4] or the Marquess of Zetland.[ citation needed ]
At one time, the system of conveyancing by which the transfer of feus was effected was curious and complicated by requiring the presence of parties on the land itself and the symbolic transfer of the property (for example, by throwing a shoe onto the earth of the property transferred) [Note 5] together with the registration of various documents. However, legislation since the mid-19th century has changed all of that. [4]
Various reforms were attempted before feu was eventually abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000.
In feu holding, there is a substantial annual payment in money or in kind in return for the enjoyment of the land. The Crown is the first overlord or superior, and land is held of it by crown vassals. They, in turn, may feu their land to others, who become their vassals, and the former are mediate overlords or superiors. The process of sub-infeudation may be repeated to an indefinite extent. The Conveyancing (Scotland) Act 1874 rendered any clause in a disposition against subinfeudation null and void. [4] [7]
Casualties, which are a feature of land held in feu, are certain payments made to the superior thar are contingent on the happening of certain events. The most important was the payment of an amount equal to one year's feu-duty by a new holder, whether heir or purchaser of the feu. The Conveyancing (Scotland) Act abolished casualties in all feus after that date, and power was given to redeem that burden on feus already existing. If the vassal does not pay the feu-duty for two years, the superior, among other remedies, may obtain by legal process a decree of irritancy, whereupon tinsel or forfeiture of the feu follows. [4]
There have been other forms of tenure:
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Lord of the manor is a title that, in Anglo-Saxon England and Norman England, referred to the landholder of a rural estate. The titles date to the English feudal system. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title is not a peerage or title of nobility but was a relationship to land and how it could be used and those living on the land (tenants) may be deployed, and the broad estate and its inhabitants administered. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people. The title is known as Breyr in Welsh.
Examples of feudalism are helpful to fully understand feudalism and feudal society. Feudalism was practiced in many different ways, depending on location and period, thus a high-level encompassing conceptual definition does not always provide a reader with the intimate understanding that detailed historical examples provide.
In medieval and early modern Europe, a tenant-in-chief was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them from another nobleman or senior member of the clergy. The tenure was one which denoted great honour, but also carried heavy responsibilities. The tenants-in-chief were originally responsible for providing knights and soldiers for the king's feudal army.
Udal law is a Norse-derived legal system, found in Shetland and Orkney in Scotland, and in Manx law in the Isle of Man. It is closely related to Odelsrett; both terms are from Proto-Germanic *Ōþalan, meaning "heritage; inheritance".
Allodial title constitutes ownership of real property that is independent of any superior landlord. Allodial title is related to the concept of land held in allodium, or land ownership by occupancy and defence of the land.
Seisin is a legal concept that denotes the right to legal possession of a thing, usually a fiefdom, fee, or an estate in land. It is similar, but legally separate from the idea of ownership.
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands.
A mesne lord was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. Owing to Quia Emptores, the concept of a mesne lordship technically still exists today: the partitioning of the lord of the manor's estate among co-heirs creating the mesne lordships.
An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or serjeanty, depending on which form of tenure the estate was held under. The highest overlord of all, or lord paramount, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, owned by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably King John (1199–1216) purported to grant the Kingdom of England to Pope Innocent III, who would thus have become overlord to English monarchs.
A feudal baron is a vassal holding a heritable fief called a barony, comprising a specific portion of land, granted by an overlord in return for allegiance and service. Following the end of European feudalism, feudal baronies have largely been superseded by baronies held as a rank of nobility, without any attachment to a fief. However, in Scotland, the feudal dignity of baron remains in existence, and may be bought and sold independently of the land to which it was formerly attached.
Land reform in Scotland is the ongoing process by which the ownership of land, its distribution and the law which governs it is modified, reformed and modernised by property and regulatory law.
A barony is an administrative division of a county in Scotland, Ireland, outlying parts of England and historically France and Sardinia. As a barony is associated to a Baron and a county to a Count or Earl, it has a lower rank and importance than a county.
Thirlage was a feudal servitude under Scots law restricting manorial tenants in the milling of their grain for personal or other uses. Vassals in a feudal barony were thirled to their local mill owned by the feudal superior. People so thirled were called suckeners and were obliged to pay customary dues for use of the mill and help maintain it.
A lord paramount is a term of art in feudal law describing an overlord who holds his own fief from no superior lord. It thus describes a person who holds allodial title, owing no socage or feudal obligations such as military service. This was distinguished from a mesne lord who held his own fief from a superior.
The Abolition of Feudal Tenure etc. (Scotland) Act 2000 was a land reform enforced by an Act of the Scottish Parliament that was passed by the Scottish Parliament on 3 May 2000, and received Royal Assent on 9 June 2000.
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Even before the Norman Conquest, there was a strong tradition of landholding in Anglo-Saxon law. When William the Conqueror asserted sovereignty over England in 1066, he confiscated the property of the recalcitrant English landowners. Over the next dozen years, he granted land to his lords and to the dispossessed Englishmen, or affirmed their existing land holdings, in exchange for fealty and promises of military and other services. At the time of the Domesday Book, all land in England was held by someone, and from that time there has been no allodial land in England. In order to legitimise the notion of the Crown's paramount lordship, a legal fiction—that all land titles were held by the King's subjects as a result of a royal grant—was adopted.
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland.
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