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Abolition of Feudal Tenure

Today marks the end of 880 years of legal history with the abolition of the remnants of a feudal system (i.e. "the entire system whereby land is held by a vassal on perpetual tenure from a superior") in Scotland. This property revolution is legislated in the Abolition of Feudal Tenure etc. (Scotland) Act (2000), Title Conditions (Scotland) Act 2003 and the Tenements (Scotland) Act 2004.

Professor MacQueen explains in Scots Law News that "In combination [the three acts] effect a far-reaching modernisation of land law in Scotland, with the concepts of feudal law giving way to those of the Civil Law." He continues,

The remainder of the population of Scotland seemed strangely unaware of the advance of individual ownership and the death of medievalism in Scots law. However, 880 years of legal history is indeed at an end. But who knows, to paraphrase the American scholar Grant Gilmore writing of the death of contract in 1974, what strange resurrection the Easter-tide may bring?

Posted by Paul in Scots Law at November 28, 2004 04:12 AM | 0 Comments | Browse Related Books