Feu Contracts.....

[CatrionaL]

As my niece would say, this subject is "doing my head in".

I've been going squint eyed reading an 11 page will from one of my GGGs.
My assumption (Yes, I can hear you, Davie."Never assume anything)) was that since there was so much info on particular pieces of land in the will, that the land belonged to the maker of the will. However it goes on and on about feu contracts between third parties and in the end I don't know who owns what?
Anybody out there who can explain Feu Contracts in the 19th century, in language I could underestand?

Thanks in advance.

Catriona

[Sue Erskine]

Hi Catriona

Not too sure that this is in language that I can understand (Perhaps someone else could explain this in plain English!) but I've found the following information that may help you:

Feu
The granting by a superior to a vassal in perpetuity of the right of property (or dominium utile) in the ground feued, i.e. the vassal has the full use of the property, limited only by the conditions imposed in the grant by the superior. Feus may be created by Feu Contract, Feu Charter or Feu Disposition.

Feu Charter see Feu Disposition

Feu Contract see Feu Disposition

Feu Disposition A Feu Disposition creates a Feudal Relationship between those selling and those buying a property. As in a Disposition, the Granter of the Feu Disposition is selling the property to the Grantee. However, the Granter of a Feu Disposition retains an interest in the property - the superiority (or dominium directum). This interest gives the Granter the right to impose and enforce conditions over the property. The Grantee has the right to possess the property or dominium utile. providing that they do not breach any of the conditions set by the Granter. The word Feu in the title of the deed always indicates that a Feudal Relationship is created by it. Other deed types that have a similar effect are the Feu Charter and the Feu Contract.

The following site gives terminology relating to Land Registration in Scotland: http://www.ros.gov.uk/foi/plans/docs/plans9.html

Bet your head's even more 'done in' now

[AnneM]

Hi Catriona

That's a tall order to explain feu contracts in comprehensible language, but here goes. Please bear in mind that I am by no means an expert in land law!!

OK. Until November 2004 most land in Scotland (though not all) was held under a system of feudal land holding which had not really changed in essentials since the middle ages. In those days people held their land from someone of greater nobility to whom they had to render money, goods or a service.

The theory was that all land was held ultimately from the crown and that each holder held from the person above until you got to the person who actually 'owned' and had use of the land. In reality, in later times, the only two people in the chain who were really relevant were what we would call the owner i.e. the person who had bought the property, used it and could do mostly what he/she liked with it (he was known as the vassal) and the person from whom he feued the land (who was known as the superior). (For those who like a bit of Latin, the interest of the superior was known as the 'dominium directum' and the interest of the vassal as the 'dominium utile').

It was not that uncommon for a land owner when disposing of part of the land rather than doing a straight sale to create a new feu and retain an interest in the land as the superior. This was, I regret to say, known as sub-infeudation. This practice was particularly common when builders/property developers who had developed some plots of land sold them off to individual purchasers and the break off conveyance would therefore be known as a feu contract (rather than a disposition which is the usual term for a conveyance of land in Scotland).

The benefits of being a superior were really 2 fold 1. the vassal paid feu duty on a yearly basis to the superior and 2. the superior could lay down conditions in the feu contract governing the use of the property (these are known as real burdens). They usually included a prohibition on using the property for noisy or generally anti social purposes such a 'a brothel or shebeen' or for a tannery or candle making business (think smell). There could also be a limit on how high buildings on the site could be or even more detailed instructions on how the building should be kept and what it should look like. Ever wondered why all the houses and shops in Inverary High Street and shore road are white?? The superior could enforce these conditions as in some limited circumstances could other neitghbouring feu holders. Some superiors could be very difficult indeed about things and some lairds have made themselves deeply unpopular.

At some point in reasonably recent times I think in the 1970s it became unlawful to create any more sub feus At that stage also someone buying a property had the right to redeem the feu duty by paying off a certain amount so that it was no longer payable yearly. This took away none of the other rights of the superior.

The feudal system in Scotland was finally abolished by the Abolition of Feudal Tenure etc Scotland Act 2000, the first clause of which reads:

"The feudal system of land tenure, that is to say the entire system by which land is held by a vassal on perpetual tenure from a superior, is on the appointed day abolished". (My husband has a yellow t-shirt with these words on it).

The appointed day was in November last year. This does not mean that I can now run a shebeen or a brothel in my back garden as there was provision for limitations on use to remain (which I don't know enough about or understand fully as I am not a property expert and have not looked it up.)

Hope this helps to some extent.

Anne[/i]

[AnneM]

Catriona


Just had a thought while cleaning out cat litter, I get all the best jobs.

The reason the will mentions feu contracts between people who seem unconnected is probably because that contract is the deed in which the full description of the property concerned is given (what a lawyer would call a bounding description). As I said above the feu contract is possibly the first deed selling off that particular parcel of land and would therefore need to define its boundaries.

If you have any specific questions I will try to answer them.

Anne


Anne

[CatrionaL]

Sue and Anne,

What helpful postings., complementing each other too.Thank you for taking the timeand trouble to explain it all to a "layperson". The contents of the will have now become comprehensible, once you cut out the "notariaspeak" that is.

As you thought, Anne, the land was described in great detail. At least two pieces of land were on Wardrop Street. One of the people involved was Douglas WARDROP. No prizes for guessing who in the contract was the "superieur".

These postings will definetely have a place in my files.

Thanks again.
Catriona

[Malcolm]

So, who was the "superieur". I'm dying to know.

[CatrionaL]

So, who was the "superieur". I'm dying to know.

Hi Malcolm,

Monsieur WARDROP of WARDROP Street, of course. If ye cannae ca' yersel "superieur" when ye've a street named efter ye, whit's the world comin'tae.


Have a good day

Catriona

[Malcolm]

Quite

[Malcolm]

......or should i say "exactement"

Malcolm

[CatrionaL]

.........or "bien sûr!"

Catriona