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Report on abolition of the feudal system in Scotland welcomed by Donald Dewar
11/02/1999
Proposals to scrap the feudal system were welcomed today by Scottish Secretary Donald Dewar.
The Scottish Law Commission report on the abolition of the feudal system was published today - and the Secretary of State believes it should be one of the first issues considered by the Scottish Parliament.
Mr Dewar said:
"The abolition of the feudal system has been long wanted and is long overdue. The Scottish Law Commission Report calls on Parliament to hack away much of the feudal undergrowth which still chokes our property laws. They recommend that 45 Acts of Parliament and, in addition, 246 sections and 57 schedules should go. They will not be mourned.
"The report gives the green light for the end of an outdated system. Feu duties are to go along with Real Burdens that can be a cruel weapon in the hands of the wrong feudal superior. While careful consideration will have to be given to the many complex proposals the central message comes through loud and clear - the days of the feudal system are now numbered.
"The law should offer protection to the citizen and not threaten injustice and uncertainty. I hope the Scottish Parliament will give a high priority to this field. The Law Commission are to be congratulated on their careful work.
"The report complements the radical proposals from this Government on the Land Question and the need to strengthen the rights of those who seek ownership and control over land on which they live and work. The agenda in both areas of policy must now be driven forward."
BACKGROUND
1. The Scottish Law Commission issued its Discussion Paper (No 93) on abolition of the feudal system in 1991. It issued another Discussion Paper (No 106) on the related question of real burdens in October last year.
2. Copies of the Commission's report on the abolition of the feudal system (Scot Law Com No 168) may be obtained directly from the Commission itself. The Commission's final report on real burdens will be published at the end of 1999. News release: 0293/99 refers.
News Release: 0308/99
11 February 1999