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Historical records relating to property
in Scotland are held by a variety of different archives and by other
public and private institutions in Scotland. For more information
about property and frequently asked questions about property records,
see below. For an essay by David Sellar, Faculty of Law, Edinburgh
University, on the feudal origins of Scottish property law, see
'Farewell
to Feudalism' by clicking here.
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Types
of property
Legally speaking, property in Scotland is either
‘heritable’ or ‘moveable’. In origin this was a distinction between
landed property and moveable goods. Thus land, houses and minerals
in the ground were heritable; furniture, farm stock and minerals which
had been mined were moveable. But property could become heritable
'by connection' with heritable property. Thus liferents, feu duties
and casualties of superiority, leases and teinds were all heritable.
Property could also become heritable 'by destination', that is, by
being so specified by the owner. Moveable property includes money,
furniture, personal possessions, clothing, and other valuables.
Heritable property
The most frequently used records of Scottish
heritable property are:
- Sasine registers
- Valuation rolls
- Title deeds and inventories
- Tax rolls
- Estate papers
When ownership of heritable property changes,
through sale or inheritance for example, the property is conveyed.
Usually a lawyer draws up a title deed, and these have often
survived among the records of the lawyer’s office (and may later
have been deposited in archives), or among the personal papers of
the family or individual who owned the property (sometimes these
too are deposited in archives). Where a family owned an estate,
the surviving records of property management are referred to as
estate papers, and many collections of estate papers are
either in archive offices or still held privately by the families
that created them.
The survival of individual title deeds
is haphazard. However, the majority of conveyances in Scotland from
1617 until the late 20th century were sent by lawyers to be registered
in centrally held registers known collectively as the register of
sasines. For more details about the early register of sasines (before
1781) see the fact sheet on sasines on the
National Archives of Scotland website.
For details of sasines after 1781 go to the Knowledge Base entry
on Sasine Abridgements.
A further type of property record which
is frequently used is the tax roll. Taxation in Scotland became
well organised and better recorded from the 1690s onwards, and most
taxes were based on property ownership. Most records of taxation
in Scotland are held by the National Archives of Scotland. For further
details see the entry on taxation in the National
Archives of Scotland website. A special
type of tax roll was the valuation roll, on which each property’s
rental value and annual tax was estimated, and the name and address
of the owner and tenant recorded. For further details see the Knowledge
Base entry on Valuation
Rolls.
Moveable property
The most frequently used records of Scottish
moveable property are:
- Wills and testaments
- Sederunt books
- Household accounts
For further information about wills and
testaments and sederunt books, see the Knowledge Base entries on
Wills and Testaments
and Trust
Sederunt Books. Further information
about household accounts mayl be added to this website in due course.
Contributors:
Andrew Jackson, Robin Urquhart (both SCAN).
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1.
How is the word 'sasines' pronounced and what does it mean?
2.
What do the abbreviations in Sasine Abridgements stand for?
3.
What is, or was, a liferent?
Image 1
Abridgements of Sasine for Aberdeenshire
(National Archives of Scotland: reference RS8).
For an essay by David Sellar, Faculty of
Law, Edinburgh University, on the feudal origins of Scottish property
law, see 'Farewell
to Feudalism' by clicking here.
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