Abolition of Feudal Tenure
The first Scottish Executive was committed to abolishing the anachronism of the feudal system. On 28 November 2004 the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into full force and effect, putting an end to Scotland's feudal system. Under Scots law, a Scottish Prescriptive Barony by Tenure is now "incorporeal feudal heritage", not attached to the land and remains the only genuine, prescriptive, degree of title of UK nobility capable of being bought and sold – since under Section 63(1) of the Act, the dignity of Baron is preserved after the abolition of the feudal system.
After 28 November 2004 under Scots law, a Scottish Barony, which was previously Scottish heritable property (real property), became incorporeal heritable property (not attached to the land). Prior to the Act coming into effect, Scottish Feudal Baronies (including Lordships and Earldoms) were the only genuine title of UK nobility capable of being transferred following the sale of land containing a "caput" (or the sale of a feudal superiority).
Most baronies were created (erected) prior to 1745 but one was erected as late as 1824.
Since the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into effect, the Lord Lyon, who is the Chief Herald of Scotland, has restored a more traditional form to the coat of arms of a Baron. Barons are now identified by the helm befitting their degree. A new policy statement has been made by the Lord Lyon to this effect.
Independent Scots legal advice should always be taken before entering into any contract that claims to offer a Baronial title for sale.
The holder of the dignity of a Barony may petition the Lord Lyon for a grant of arms as he falls under the jurisdiction of the Lyon's Court. A policy statement has been made to this effect by the Lord Lyon. The Lyon Court has no jurisdiction in relation to the transfer of, or legal "trade" in, feudal titles. Any prospective purchaser should seek specialist independent Scots legal advice.
Read more about this topic: Scottish Feudal Barony
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