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Feu (land tenure)


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. The English had in 1660 abolished these tenures, with An Act taking away the Court of Wards..., since 1948 known as the Tenures Abolition Act 1660.

Prior to 1832 only the vassals 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.


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