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FEU , in Scotland, the commonest mode ofSee also: land tenure
.
The word is the Scots variant of "See also: fee" (q.v.)
.
The See also: relics of the feudal See also: system still dominate Scots See also: conveyancing
.
That system has recognized as many as seven forms of tenure—ward, See also: socage, See also: mortification, feu, blench, burgage, booking
.
See also: Ward, the
See also: original military holding, was abolished in 1747 (20 G
.
II. c
.
20), as an effect of the rising of 1745
.
Socage and mortification have long since disappeared
.
Booking is a See also: conveyance See also: peculiar to the See also: borough of Paisley, but does not differ essentially from feu
.
Burgage is the system by which land is held in royal boroughs
.
Blench holding is by a nominal payment, as of a See also: penny Scots, or a red See also: rose, often only to be rendered upon demand
.
In feu holding there is a substantial See also: annual payment in See also: money or in kind in return for the enjoyment of the land
.
The See also: crown is the first overlord or See also: 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 See also: process of sub-infeudation may be repeated to an indefinite extent
.
The Conveyancing See also: Act of 1874 renders any clause in a disposition against See also: subinfeudation null and void
.
In See also: England on the other See also: hand, since1290, when the See also: statute Quia Emptores was passed, sub-infeuda-See also: Lion is impossible, as the new holder simply effaces the grantor, holding by the same title as the grantor himself
.
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 See also: year's 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 See also: 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
.
Previously to 1832 only the vassals of the crown had votes in See also: parliamentary elections for the Scots counties, and this made in favour of subinfeudation as against sale outright
.
In See also: Orkney and See also: Shetland land is still largely possessed as udal See also: property, a holding derived or handed down from the See also: time when these islands belonged to See also: Norway
.
Such lands may be converted into feus at the will of the proprietor and held from the crown or See also: Lord Dundas
.
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, together with the See also: registration of various documents
.
But legislation since the See also: middle of the 19th century has changed all that
.
The system of feuing in Scotland, as contrasted with that of long leaseholds in England, has tended to secure greater solidity and firmness in the See also: average buildings of the See also: northern country
.
See See also: Erskine's Principles; See also: Bell's Principles; Rankine, See also: Law of Landownership in Scotland
.
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