Feu
Encyclopedia
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. (Scotland) Act 2000
. The word
is the Scots
variant of fee
.
s of the crown had votes in parliamentary
elections for the Scots counties
, and this made in favour of subinfeudation
as against sale outright. This was changed by the Scottish Reform Act 1832
which increased the franchise in Scotland from 4,500 to 64,447
In Orkney and Shetland land is still largely possessed as udal property, a holding derived or handed down from the time when these islands belonged to Norway
. Such lands could previously be converted into feus at the will of the proprietor and held from the Crown or the Marquess of Zetland
.
At one time the system of conveyancing by which the transfer of feus was effected was curious and complicated, requiring the presence of parties on the land itself and the symbolical handing over of the property (for example, by throwing a shoe onto the earth of the property transferred) together with the registration of various documents. However, legislation
since the middle of the 19th century has changed all that. The system of feuing in Scotland, as contrasted with that of long leaseholds in England
, tended to secure greater solidity and firmness in the average buildings of the northern country.
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, but they in their turn may feu their land, as it is called, to others who become their vassals, whilst they themselves are mediate overlords or superiors; and this 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.
Casualties, which are a feature of land held in feu, are certain payments made to the superior, contingent on the happening of certain events. The most important was the payment of an amount equal to one years feu-duty by a new holder, whether heir or purchaser of the feu. The Conveyancing Act of 1874 abolished casualties in all feus after that date, and power was given to redeem this 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.
:
Quia Emptores
, passed in 1290, made subinfeudation impossible, as the new holder simply effaces the grantor, holding by the same title as the grantor himself.
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...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, as conveyancing
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
in Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
was dominated by feudalism
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...
until the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
passed the Abolition of Feudal Tenure etc. (Scotland) Act 2000
Abolition of Feudal Tenure etc. (Scotland) Act 2000
The Abolition of Feudal Tenure etc. 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 word
Etymology
Etymology is the study of the history of words, their origins, and how their form and meaning have changed over time.For languages with a long written history, etymologists make use of texts in these languages and texts about the languages to gather knowledge about how words were used during...
is the Scots
Scots language
Scots is the Germanic language variety spoken in Lowland Scotland and parts of Ulster . It is sometimes called Lowland Scots to distinguish it from Scottish Gaelic, the Celtic language variety spoken in most of the western Highlands and in the Hebrides.Since there are no universally accepted...
variant of fee
Fee
A fee is the price one pays as remuneration for services. Fees usually allow for overhead, wages, costs, and markup.Traditionally, professionals in Great Britain received a fee in contradistinction to a payment, salary, or wage, and would often use guineas rather than pounds as units of account...
.
History
Prior to 1832 only the vassalVassal
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...
s of the crown had votes in parliamentary
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
elections for the Scots counties
Counties of Scotland
The counties of Scotland were the principal local government divisions of Scotland until 1975. Scotland's current lieutenancy areas and registration counties are largely based on them. They are often referred to as historic counties....
, and this made in favour of subinfeudation
Subinfeudation
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....
as against sale outright. This was changed by the Scottish Reform Act 1832
Scottish Reform Act 1832
The Scottish Reform Act 1832 was an Act of Parliament that introduced wide-ranging changes to the election laws of Scotland. The act was passed at approximately the same time as the Reform Act 1832, which applied to England and Wales. The chief architects of the act were Francis Jeffrey and Henry...
which increased the franchise in Scotland from 4,500 to 64,447
In Orkney and Shetland land is still largely possessed as udal property, a holding derived or handed down from the time when these islands belonged to Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
. Such lands could previously be converted into feus at the will of the proprietor and held from the Crown or the Marquess of Zetland
Marquess of Zetland
Marquess of Zetland is a title in the Peerage of the United Kingdom. It was created on 22 August 1892 for the former Lord Lieutenant of Ireland, Lawrence Dundas, 3rd Earl of Zetland. Zetland is an archaic spelling of Shetland. The Dundas family descends from the wealthy Scottish businessman and...
.
At one time the system of conveyancing by which the transfer of feus was effected was curious and complicated, requiring the presence of parties on the land itself and the symbolical handing over of the property (for example, by throwing a shoe onto the earth of the property transferred) together with the registration of various documents. However, legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
since the middle of the 19th century has changed all that. The system of feuing in Scotland, as contrasted with that of long leaseholds in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, tended to secure greater solidity and firmness in the average buildings of the northern country.
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, but they in their turn may feu their land, as it is called, to others who become their vassals, whilst they themselves are mediate overlords or superiors; and this process of sub-infeudation may be repeated to an indefinite extent. The Conveyancing (Scotland) Act 1874 rendered any clause in a disposition against subinfeudation
Subinfeudation
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....
null and void.
Casualties, which are a feature of land held in feu, are certain payments made to the superior, contingent on the happening of certain events. The most important was the payment of an amount equal to one years feu-duty by a new holder, whether heir or purchaser of the feu. The Conveyancing Act of 1874 abolished casualties in all feus after that date, and power was given to redeem this 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
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
of the feu follows.
Types of tenure
There have been other forms of tenureLand 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...
:
- Booking is a conveyance peculiar to the burghBurghA burgh was an autonomous corporate entity in Scotland and Northern England, usually a town. This type of administrative division existed from the 12th century, when King David I created the first royal burghs. Burgh status was broadly analogous to borough status, found in the rest of the United...
of Paisley but does not differ essentially from feu. - Burgage is the system by which land is held in Royal Burghs.
- Blench holding is by a nominal payment, as of a penny Scots, or a red rose, often only to be rendered upon demand.
- Ward, the original military holding, was abolished in 1747 (20 G. II. c. 20), as an effect of the rising of 1745Jacobite risingThe Jacobite Risings were a series of uprisings, rebellions, and wars in Great Britain and Ireland occurring between 1688 and 1746. The uprisings were aimed at returning James VII of Scotland and II of England, and later his descendants of the House of Stuart, to the throne after he was deposed by...
.
Other jurisdictions
In England the statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
Quia Emptores
Quia Emptores
Quia Emptores of 1290 was a statute passed by Edward I of England that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants wishing to alienate their land to do so by substitution...
, passed in 1290, made subinfeudation impossible, as the new holder simply effaces the grantor, holding by the same title as the grantor himself.
- SocageSocageSocage was one of the feudal duties and hence land tenure forms in the feudal system. A farmer, for example, held the land in exchange for a clearly defined, fixed payment to be made at specified intervals to his feudal lord, who in turn had his own feudal obligations, to the farmer and to the Crown...
has long disappeared, as has - Mortification.
See also
- Fee simpleFee simpleIn English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
- Fee tailFee tailAt common law, fee tail or entail is an estate of inheritance in real property which cannot be sold, devised by will, or otherwise alienated by the owner, but which passes by operation of law to the owner's heirs upon his death...
- FeoffeeFeoffeeA Feoffee is a trustee who holds a fief , that is to say an estate in land, for the use of a beneficial owner. The term is more fully stated as a feoffee to uses of the beneficial owner. The use of such trustees developed towards the end of the era of feudalism in the middle ages and became...
- Trespass for mesne profits