Abolition of Feudal Tenure etc. (Scotland) Act 2000
Encyclopedia
The Abolition of Feudal Tenure etc. (Scotland) Act 2000 was an act of the Scottish Parliament which was passed by the Parliament on 3 May 2000 and received Royal Assent on 9 June 2000.
The Act brought the feu
dal system
of land tenure
to an end on 28 November 2004 (that is, Martinmas
, as the Act provided for the 'appointed day' to be one of the Scottish term days
Whitsun or Martinmas). At this point, the former Vassal
of an estate became the sole owner of the land, and the former Superior's rights were extinguished. For a further two years, the Superior had the option of claiming compensation, which was fixed at a single payment of such a size that when invested at an annual rate of 2.5%, would yield interest equal to the former feu duty. Because of inflation
eroding the value of duties fixed many years before, this payment was in most cases extremely small compared to the current value of the land.
In consequence of this change in the legal basis of land-holding, the Act also reformulated the legal basis on which conditions on the use of land can be specified in the title to ownership of that land. Such title conditions (known variously as Real Burdens and Real Conditions in the prior law) were combined into "Real Burdens". Prior to the Act, a Superior could choose to enforce title conditions, or grant a Consent or Waiver (usually for payment) allowing the land owner to disregard the condition even if otherwise neighbouring property owners might wish to enforce the condition. Existing conditions which were enforceable only by the Superior were abolished, and only conditions enforceable by the owners of neighbouring property or by certain legal bodies on public policy grounds were retained. Transitional arrangements allowed Superiors who were also neighbouring property owners to convert the old title conditions to benefit their land and hence themselves as owners of that land rather than themselves as feudal Superior.
Following this change in the legal basis for title conditions, the Title Conditions (Scotland) Act 2003 was passed, reconstituting the mechanics of how new Real Burdens and Servitudes can be created. These two Acts, together with a third Act (the Tenements (Scotland) Act 2004
), commenced on 28 November 2004.
The Act brought the feu
Feu
Feu was previously the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism until the Scottish Parliament passed the Abolition of Feudal Tenure etc. Act 2000...
dal system
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
of land tenure
Land tenure
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land . The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants...
to an end on 28 November 2004 (that is, Martinmas
St. Martin's Day
St. Martin's Day, also known as the Feast of St. Martin, Martinstag or Martinmas, the Feast of St Martin of Tours or Martin le Miséricordieux, is a time for feasting celebrations. This is the time when autumn wheat seeding is completed. Historically, hiring fairs were held where farm laborers...
, as the Act provided for the 'appointed day' to be one of the Scottish term days
Scottish term days
Scottish term days were holy days for the people of the Kingdom of Scotland in the Middle Ages. Like the Kingdom of England's quarter days, they were the four days dividing the legal year, when rent and interest on loans, and ministers' stipends were due, and when servants were hired and paid...
Whitsun or Martinmas). At this point, the former Vassal
Vassal
A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context of the feudal system in medieval Europe. The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held...
of an estate became the sole owner of the land, and the former Superior's rights were extinguished. For a further two years, the Superior had the option of claiming compensation, which was fixed at a single payment of such a size that when invested at an annual rate of 2.5%, would yield interest equal to the former feu duty. Because of inflation
Inflation
In economics, inflation is a rise in the general level of prices of goods and services in an economy over a period of time.When the general price level rises, each unit of currency buys fewer goods and services. Consequently, inflation also reflects an erosion in the purchasing power of money – a...
eroding the value of duties fixed many years before, this payment was in most cases extremely small compared to the current value of the land.
In consequence of this change in the legal basis of land-holding, the Act also reformulated the legal basis on which conditions on the use of land can be specified in the title to ownership of that land. Such title conditions (known variously as Real Burdens and Real Conditions in the prior law) were combined into "Real Burdens". Prior to the Act, a Superior could choose to enforce title conditions, or grant a Consent or Waiver (usually for payment) allowing the land owner to disregard the condition even if otherwise neighbouring property owners might wish to enforce the condition. Existing conditions which were enforceable only by the Superior were abolished, and only conditions enforceable by the owners of neighbouring property or by certain legal bodies on public policy grounds were retained. Transitional arrangements allowed Superiors who were also neighbouring property owners to convert the old title conditions to benefit their land and hence themselves as owners of that land rather than themselves as feudal Superior.
Following this change in the legal basis for title conditions, the Title Conditions (Scotland) Act 2003 was passed, reconstituting the mechanics of how new Real Burdens and Servitudes can be created. These two Acts, together with a third Act (the Tenements (Scotland) Act 2004
Tenements (Scotland) Act 2004
The Tenements Act 2004 is an Act of the Scottish Parliament which regulates the law of the tenement in Scotland.The Act is part of a package of land reforms together with the Abolition of Feudal Tenure etc...
), commenced on 28 November 2004.
Legislation
Literature
- Andrew J. M. Steven: "Revolution in Scottish Land Law" in: Electronic Journal of Comparative Law 8.3 (October 2004)
- David SellarDavid SellarWilliam David Hamilton Sellar is a Scottish solicitor and officer of arms. He graduated from the University of Oxford with a degree in history and the University of Edinburgh with a degree in law. He qualified as a solicitor in 1966. In 1968 he joined the Faculty of Law at the University of...
: "Farewell to Feudalism" in: Burke's Landed Gentry of Great BritainBurke's Landed GentryBurke's Landed Gentry is the result of nearly two centuries of intense work by the Burke family, and others since, in building a collection of books of genealogical and heraldic interest,...
: The Kingdom in Scotland. Edited by Peter Beauclerk Dewar. Wilmington, DEWilmington, DelawareWilmington is the largest city in the state of Delaware, United States, and is located at the confluence of the Christina River and Brandywine Creek, near where the Christina flows into the Delaware River. It is the county seat of New Castle County and one of the major cities in the Delaware Valley...
192001, pp. xix - xxi