WALKER, M.D., F.S.A., a Vice-President of the Association. It derived its name from the declaration with which it opened - that, from authentic documents laid before the superior, it clearly appeared that the grantee was the heir.The following is a transcription of a historic article and may contain occasional errors.īy J. The writ of clare constat was granted by a feudal superior in favour of the heir of a deceased vassal, granting warrant for infeftment and entry in the lands. This type of deed was abolished by the Abolition of Feudal Tenure etc. The deed was registrable/recordable over both properties. The proprietors could come to an agreement about that boundary and execute a plan showing the agreed line of the boundary between their properties.
LIFE IS FEUDAL WIKI WHAT ARE BOUNDARY MONUMENTS REGISTRATION
The 'Section 19' part of the deed name referred to that section of the Land Registration (Scotland) Act 1979 which provided a mechanism that could be used if there was a discrepancy in the way a common boundary was defined in the title deeds of adjoining subjects. Now replaced by a Notice of Grant or a Notice of Loan under the Housing (Scotland) Act 2006. The grant may have been made so that lead pipes could be removed this would be desirable in a dwelling house, in order to improve general living standards, but would for example be less necessary for business premises. The local authority imposed conditions in return for paying for the improvements to the property (for example, it might be that the owner(s) must not use the property for commercial purposes) as they were trying to ensure that it was worthwhile making these grants. This type of deed narrated that a grant of money had been made by a local authority to assist the owner(s) with the expense of improving/repairing the property. Notice of Payment of Improvement Grant or Repairs Grant
The ceremony was known as sasine (seisin, i.e.
earth and stone for land, but became unnecessary instead recording the instrument became the sole requirement. The ceremony involved delivering symbols of the property, e.g. The word feu in the title of a deed always indicates that a feudal relationship is created by it.Ī historical type of writ that described the heritable property by reference to the ceremony transferring that property. The grantee had the right to possess the property (or dominium utile), providing that they did not breach any of the conditions set by the granter. This interest gave the granter the right to enforce conditions over the property. However, the granter of a feu disposition retained an interest in the property - the superiority (or dominium directum). As in a disposition, the granter of the feu disposition sold the property to the grantee. A feu disposition created a feudal relationship (that of superior and vassal) between those selling and those buying a property. to consolidate the two estates of dominium utile and dominium directum so that they would remain as one (the dominium plenum - see Latin Phrases).Ī type of deed made unregistrable by the Abolition of Feudal Tenure etc.
The purpose of a disposition containing a clause of resignation ad perpetuam remanemtiam (usually referred to as a "Disp ad rem"), was to reinvest the superior's interest (the superiority) with the vassal's interest (the property) and permanently merge it back into a single interest, i.e. (Scotland) Act 2000, which was intended to cancel an existing feudal relationship between a vassal and his superior. Such a charter was often used when the parties agreed to make alterations to the original conditions of the feu.ĭisposition ad perpetuam remanentiam (Disp ad rem)Ī type of deed, made unregistrable under t he Abolition of Feudal Tenure etc. A charter of novodamus was granted by the feudal superior in favour of his vassal where the latter, by loss or otherwise, was unable to produce a good title. The bond and disposition in security was a type of deed used to create a mortgage over land prior to the standard security.Ī type of deed made unregistrable by the Abolition of Feudal Tenure etc. a penny if asked).Ī written obligation to pay money. A feudal holding where the reddendo (duty) was nominal (e.g. A form of land transaction under the feudal system abolished by the Abolition of Feudal Tenure etc.
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