This item was published during the term of a previous administration that ended in April 2007
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Feudal law abolished after 800 years
28/11/2004
The abolition of Scotland's feudal law system is
completed today as three separate pieces of legislation
come into force, marking the most far reaching changes to
Scots property law in eight centuries.
The Abolition of Feudal Tenure etc (Scotland) Act 2000,
the Title Conditions (Scotland) Act 2003 and the Tenements
(Scotland) Act 2004 are designed to modernise and simplify
property law by giving owners greater rights.
Deputy Justice Minister Hugh Henry said:
"Property law affects most people in Scotland. We want
to make sure that the law is fair, relevant and effective.
That is why we are bringing forward a radical programme of
reform that will move property law into the 21st century -
removing archaic features that serve no useful purpose, but
some of which can be positively harmful.
"These Acts represent both a symbolic change and
practical reform. For the first time since the 12th century
Scots can own their own property, rather than being at the
bottom of a pyramid of feudal superiors. Meanwhile, on a
practical level, these acts enshrine the rights of owners,
as individuals and as members of a community, in modern,
statutory language. This represents a huge step forward for
responsible owners who will now find that the law supports
them in moves to maintain communal areas and keep their
buildings in safe, working order. It also means that
disputes can be resolved more quickly and fairly.
"In short, the law is now clear - Scots can own their
own properties without any additional burdens owing to
other people."