Scotland Land and Property

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Land records can help you determine where and when your family lived in a specific place. Sometimes these records will be based on inheritance, and such records will often mention two or more generations of a family. In Scotland the land system had feudal roots in which the crown owned all of the land.

Jurisdictions
Many courts were involved in actions regarding land. Some of the most important courts were:


 * Chancery Courts
 * Court of Session
 * Sheriff Courts
 * Burgh Courts
 * Commissary Courts
 * Regality Courts

Property-related Records
In general, there are four types of Scottish land and property records, explained in the following articles:


 * Service of Heirs or Retours
 * Sasines
 * Deeds
 * Estate Records

Valuation Rolls
Taxes were determined by the value of the land. These records are called 'valuation rolls' and exist sporadically before 1855. The book entitled "Directory of Landownership in Scotland circa 1770" is based in part on the valuation rolls for that year. The FHL has only a few of these records and most are listed in the NAS online catalog with the reference of VR. To learn more about these records go to http://www.nas.gov.uk/guides/valuationRolls.asp

Ultimus Haeres
If a person died 'intestate' (without leaving a document for probate) and had no known heirs, the Crown was the 'last heir' or 'ultimus haeres.' There is no succession to or through the mother for either heritable or moveable property. If the deceased has only relatives on his mother's side of the family, including half-brothers and sisters, they could not directly inherit. However, relatives could petition the Crown to inherit a portion of an estate. Location of these petitions are handled as follows:


 * Grants of petitions for moveable property before 1834 were recorded under the Privy Seal. Indexes survive in various forms including minute books.
 * Grants of petitions for heritable property before 1834 are sporadic and unindexed.
 * Records since 1834 are more consistent and complete and are indexed by the name of the deceased.
 * The petitions are part of the collection of the Exchequer (NAS online catalogue reference E).
 * The Family History Library does not have the petitions on microfilm.

Land Records Tailzies (entail)
Research use: To obtain names and residence and relationship of those who inherited land after death of individuals. They supplement parish register information.

Record type: Settlement of heritable property inalienably on a specified line of heirs, not heirs at law.

Time period: 1688 to 1952.

Contents: Information on distribution of lands, names, relationships, and pedigrees of land holders.

Location:   National Archives of Scotland,  H.M. General Register House, Edinburgh, Scotland EH1 3YY. Population coverage: 20%.

Reliability: These records are highly accurate because they were recorded by a government agency.

Land Records Hornings (diligence)
Research use: To locate information on debtors and their land transactions.

Record type: Land records of debtors, their heritable estates, and actions against them.

Time period: 1579 to 1868.

Contents: Information on debtors, their heirs, and distribution of their property.

Location:   National Archives of Scotland,  H.M. General Register House, Edinburgh, Scotland EH1 3YY.

Population coverage: 10%.

Reliability: These records are highly accurate because they were recorded by a government agency.

For More Information
For more information about sasine, service of heir, deeds, and other Scottish land and property records, see the following website and books:

National Archives of Scotland Look at the "Guides to Records".

Dobson, David. Scottish-American Heirs 1683-1883. Baltimore, Maryland: Genealogical Publishing Co., Inc., 1990. (Family History Library .)

Encyclopedia of the Laws of Scotland. 16 vols and 2 supps. Edinburgh, Scotland: W. Green &amp; Son, Limited, 1926. (Family History Library .)

Gibb, Andrew Dewar. Students’ Glossary of Scottish Legal Terms. Edinburgh, Scotland: W. Green &amp; Son, Ltd., 1946. (Family History Library .)

Gouldesbrough, Peter. Formulary of Old Scots Legal Documents. Vol. 36. Edinburgh, Scotland: The Stair Society, 1985. (Family History Library .)

An Introductory Survey of the Sources and Literature of Scots Law. Vol. 1. The Stair Society. Edinburgh, Scotland: Robert Maclehose &amp; Co., Ltd. for The Stair Society, 1936. (Family History Library.)

Sinclair, Cecil. Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office. Edinburgh, Scotland: Her Majesty’s Stationery Office, 1990. (Family History Library .)

The Old Statistical Account of Scotland (1791-1799) 21 Volumes: Courtesy of Electric Scotland and Google Books