Thank you Paul, it’s exactly what I was looking for. I am an Italian living in London who has been keeping an eye on the property market for a couple of years. The fact that there are leasehold properties down here is absolutely ridiculous to me. The way the tenements are managed in Scotland seems similar to what we have in Italy. I am seriously considering relocating somewhere else due to cost of living and Scotland is appealing to me because of the non-existence of leaseholds but I wanted to understand more about responsibility for communal areas/roof maintenance etc.
Hi Paul, thanks for the video. It is very helpful. Do you know what "FEUDAL" means in property ads in Scotland? There are quite a few in rightmove. I have been looking for an answer online but with no success..
Feudal principles • Land is held in Scotland mainly on feudal principles. The ultimate holder is the monarch, below whom there is a pyramid-style hierarchy of rights. • Feuing is the act of granting rights of ‘ownership’ of land to someone else. • A feu is a grant of such rights • The person granting the rights is the grantor or superior. Their rights of ownership are called dominium directum. • The recipient of the rights is the grantee or vassal or feuar. Their rights of ownership are called dominium utile. • The vassal is regarded as the true owners of the land • In an outright sale, a new grantee (vassal) takes the place of an existing one, who leaves the feudal ‘chain’ altogether. • Subinfeudation is where a new stage in the chain is created by an existing grantee becoming a grantor to a new grantee. Feu holding • Land is normally held on the basis of a feu holding • In a similar way to the leasehold system in England, the grantee must observe any conditions imposed by the grantor. • Grantees may pay to the grantor a periodic sum called feu duty. • In practical terms, it is grantees who have the right to the use of the land (known as ‘dominium utile’) Land Tenure Reform Act (Scotland) 1974 • This Act prohibits the creation of new feu duties, but not the creation of new feus. • The Act also permits grantees to effectively buy out their feu by paying a lump sum to replace future feu duties. Allodial land • A small amount of land in Scotland is held with no superior (grantor) • Crown property • Some Church of Scotland and (churches, graveyards and manses - residence of a clergyman) • Land acquired by compulsory purchase Udal Land • Udal land is extremely old form of land tenure which exists in Orkney and Shetland. It is based on Norse law.
Abolition of Feudal Tenure (Scotland) Act 2000 • It will abolish the feudal system of land tenure. Land previously held feudally will be converted into simple ownership. • Vassals will become owners and superiors will disappear. All remaining feuduties will be extinguished as will any obligation to pay redemption money under the Land Tenure Reform (Scotland) Act 1974. • Real burdens (i.e. conditions on land) in feudal deeds (such as restrictions on the use to be made of property) will cease to be enforceable by superiors. • Compensation will be payable to superiors for the loss of the right to feuduties on the same basis as compensation is payable under the Land Tenure Reform (Scotland) Act 1974: it will be paid by the former vassals.
Thank you Paul, it’s exactly what I was looking for. I am an Italian living in London who has been keeping an eye on the property market for a couple of years. The fact that there are leasehold properties down here is absolutely ridiculous to me. The way the tenements are managed in Scotland seems similar to what we have in Italy. I am seriously considering relocating somewhere else due to cost of living and Scotland is appealing to me because of the non-existence of leaseholds but I wanted to understand more about responsibility for communal areas/roof maintenance etc.
Edinburgh is lovely - look at Stockbridge and New Town and you can then say hello to my daughter who lives there
@@PaulArcher oh great, thank you! I will :D
Hi Paul, thanks for the video. It is very helpful.
Do you know what "FEUDAL" means in property ads in Scotland? There are quite a few in rightmove. I have been looking for an answer online but with no success..
Feudal principles
• Land is held in Scotland mainly on feudal principles. The ultimate holder is the monarch, below whom there is a pyramid-style hierarchy of rights.
• Feuing is the act of granting rights of ‘ownership’ of land to someone else.
• A feu is a grant of such rights
• The person granting the rights is the grantor or superior. Their rights of ownership are called dominium directum.
• The recipient of the rights is the grantee or vassal or feuar. Their rights of ownership are called dominium utile.
• The vassal is regarded as the true owners of the land
• In an outright sale, a new grantee (vassal) takes the place of an existing one, who leaves the feudal ‘chain’ altogether.
• Subinfeudation is where a new stage in the chain is created by an existing grantee becoming a grantor to a new grantee.
Feu holding
• Land is normally held on the basis of a feu holding
• In a similar way to the leasehold system in England, the grantee must observe any conditions imposed by the grantor.
• Grantees may pay to the grantor a periodic sum called feu duty.
• In practical terms, it is grantees who have the right to the use of the land (known as ‘dominium utile’)
Land Tenure Reform Act (Scotland) 1974
• This Act prohibits the creation of new feu duties, but not the creation of new feus.
• The Act also permits grantees to effectively buy out their feu by paying a lump sum to replace future feu duties.
Allodial land
• A small amount of land in Scotland is held with no superior (grantor)
• Crown property
• Some Church of Scotland and (churches, graveyards and manses - residence of a clergyman)
• Land acquired by compulsory purchase
Udal Land
• Udal land is extremely old form of land tenure which exists in Orkney and Shetland. It is based on Norse law.
Abolition of Feudal Tenure (Scotland) Act 2000
• It will abolish the feudal system of land tenure. Land previously held feudally will be converted into simple ownership.
• Vassals will become owners and superiors will disappear. All remaining feuduties will be extinguished as will any obligation to pay redemption money under the Land Tenure Reform (Scotland) Act 1974.
• Real burdens (i.e. conditions on land) in feudal deeds (such as restrictions on the use to be made of property) will cease to be enforceable by superiors.
• Compensation will be payable to superiors for the loss of the right to feuduties on the same basis as compensation is payable under the Land Tenure Reform (Scotland) Act 1974: it will be paid by the former vassals.
@@PaulArcher Thanks, Paul.