Scots Land Law and the Land Register
Scottish conveyancing — the abolition of feudal tenure, the Land Register of Scotland, and how Scots land law differs from English property law.
Introduction
Scotland's land law is structurally distinct from England's. The Abolition of Feudal Tenure (Scotland) Act 2000 abolished feudal tenure on 28 November 2004 — the most fundamental property-law reform in Scotland since the 17th century. Today, land is held in absolute ownership ('dominium plenum') subject only to real burdens, servitudes, and statutory restrictions. Title is recorded in the Land Register of Scotland (administered by Registers of Scotland), which is gradually replacing the older Sasines Register. The voluntary registration drive aims to move all land to the Land Register by completion of the Keeper's project. Real burdens are governed by the Title Conditions (Scotland) Act 2003, which introduced the modern framework for restrictions on use of land.
In Brief
Scots land law since 2004 is built on absolute ownership (dominium plenum) — feudal tenure was abolished by the 2000 Act. Title is registered in the Land Register of Scotland (gradually replacing the older Sasines Register). Real burdens are governed by the Title Conditions (Scotland) Act 2003. Standard securities (under the 1970 Act) are the Scots equivalent of mortgages.
Core Principles
Abolition of feudal tenure: Abolition of Feudal Tenure (Scotland) Act 2000 (in force 28 November 2004).
Dominium plenum (absolute ownership) is now the only form of land ownership; superiors and feudal hierarchies are gone.
Land Register of Scotland — Map-based register administered by Registers of Scotland; provides state-backed indemnity. Title is constituted on registration.
Sasines Register — older deed-based register; being phased out as titles transfer to the Land Register.
Real burdens — Title Conditions (Scotland) Act 2003; created post-2003 require registration in the Land Register against both burdened and benefited property.
Servitudes (Scots equivalent of easements) — Title Conditions Act updates the law; positive prescription possible after 20 years.
Standard security — Scots equivalent of an English legal mortgage; created by registered deed under the Conveyancing and Feudal Reform (Scotland) Act 1970.
Key Statutes
Conveyancing and Feudal Reform (Scotland) Act 1970
Land Registration (Scotland) Act 1979
Abolition of Feudal Tenure etc. (Scotland) Act 2000
Title Conditions (Scotland) Act 2003
Land Registration etc. (Scotland) Act 2012
Leading Cases
Burnett's Trustee v Grainger
2004 SC (HL) 19
Sharp v Thomson
1997 SC (HL) 66
Trump International Golf Club v Scottish Ministers
[2015] UKSC 74
Frequently Asked Questions
What happened to feudal tenure in Scotland?
It was abolished on 28 November 2004 by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. From that date, all land is held in dominium plenum (absolute ownership). Superiors lost their feudal interests; existing feu duties were converted to a one-off payment and then abolished. The Land Tenure Reform (Scotland) Act 1974 had already restricted some feudal incidents.
What is the Land Register of Scotland?
A map-based, state-backed title register administered by Registers of Scotland. It provides indemnity against errors and is the constitutive title. The Land Registration etc. (Scotland) Act 2012 modernised it. The older Sasines Register is being phased out as properties transfer to the Land Register on first dealing.
What's the Scots equivalent of an English mortgage?
A standard security under the Conveyancing and Feudal Reform (Scotland) Act 1970. It is constituted by registered deed and ranks by date of registration. The Mortgage Rights (Scotland) Act 2001 added borrower protections in possession actions.
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