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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 Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) 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.
A disposition in Scots law is a formal deed transferring ownership of corporeal heritable property. It acts as the conveyancing stage as the second of three stages required in order to voluntarily transfer ownership of land in Scotland.
The final legislation to introduce a new map-based system was the Land Registration (Scotland) Act 1979 (c. 33) which introduced a map-based Land Register of Scotland. The 1979 act provided that each county of General Register of Sasines would transfer over to the new Land Register. The 'live' date for each county was: [9]
"the granter of a feu disposition retained an interest in the property – the superiority (or dominium directum). This interest gave the granter the right to enforce conditions over the property. The grantee had the right to possess the property (or dominium utile), providing that they did not breach any of the conditions set by the granter."
A schedule conveyance is a voluntary transfer in which the owner signs a special form of deed, a schedule conveyance disposition. The prescribed form for this deed is found in the Lands Clauses Consolidation (Scotland) Act 1845. [66] In order to initiate this process, the acquiring authority must issue a notice to treat with the owner. [67] [68]
The Land Reform (Scotland) Act 2003 has three parts, with provisions regarding three areas of land rights in Scotland; the creation of a legal framework for land access, the community right to buy and crofting community right to buy. [12] The first part formalises the tradition in Scotland of unhindered access to open countryside.
William Scot of Bavelaw purchased the barony and his son Lawrence divided the Mains of Kersland into two farms, Easter and Wester Kersland, feuing Easter to Robert Ker and Wester to James Kirkwood. Lawrence had a son Charles who borrowed so much money against the feu-duties that upon his death the barony in 1801 was sold.