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Scotland Land and Property: Difference between revisions

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|[[Image:Cottage, Pitmedden Garden - geograph.org.uk - 507812.jpg|thumb|right|350x250px|Cottage, Pitmedden Garden - geograph.org.uk - 507812.jpg]]  
|[[Image:Cottage, Pitmedden Garden - geograph.org.uk - 507812.jpg|thumb|right|350x250px|<center>Cottage, Pitmedden Garden - geograph.org.uk - 507812<center>]]  


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.
==Online Resources==
== Online Resources ==


*'''1222-1967''' [https://www.ancestry.com/search/collections/62646/ UK and Ireland, Families of Historic Properties, 1222-1967] at Ancestry — index & images ($)
*'''1873''' [https://search.findmypast.com/search-world-records/scotland-return-of-owners-of-land-1873 Scotland, Return of Owners of Land 1873] at Findmypast — index & images ($)
*[https://search.findmypast.com/search-world-Records/scotland-dundee-and-forfarshire-angus-valuation-rolls-1823-1938 Scotland, Dundee & Forfarshire (Angus) Valuation Rolls 1823-1938] at Findmypast - index ($)
*[http://search.ancestry.com/search/db.aspx?dbid=34579 Scotland of Register of Deeds Index, Vll, 1667] ($)
*[http://search.ancestry.com/search/db.aspx?dbid=34579 Scotland of Register of Deeds Index, Vll, 1667] ($)
*[http://search.ancestry.com/search/db.aspx?dbid=1925 Perth, Scotland, Register of Deeds, 1566 - 1811] ($)
*[http://search.ancestry.com/search/db.aspx?dbid=1925 Perth, Scotland, Register of Deeds, 1566 - 1811] ($)
*[http://www.scotlandspeople.gov.uk/Content/Help/index.aspx?r=554&2080 Scotland Valuation Rolls, 1854+], index, ($).
*[http://www.scotlandspeople.gov.uk/Content/Help/index.aspx?r=554&2080 Scotland Valuation Rolls, 1854+], index ($).
*[http://www.nas.gov.uk/ National Archives of Scotland] Look at the "Guides to Records".
*[http://www.nas.gov.uk/ National Archives of Scotland] Look at the "Guides to Records".
*[http://www.nas.gov.uk/ National Archives of Scotland] Look at the "Guides to Records and Google Books"]
*[http://www.nas.gov.uk/ National Archives of Scotland] Look at the "Guides to Records and Google Books"]
*[http://archive.rhass.org.uk/ Royal Highland and Agriculturltural Society of Scotland] Searchable Transactions Reports published from 1799 to 1968, contain many interesting and valuable accounts of agricultural experiments and improvements. The Transactions of the Society also contain many references to crafting.
*[http://archive.rhass.org.uk/ Royal Highland and Agricultural Society of Scotland] Searchable Transactions Reports published from 1799 to 1968, contain many interesting and valuable accounts of agricultural experiments and improvements. The Transactions of the Society also contain many references to crafting.
*[digital-volumes/ Ordnance Survey Name Books]
*[https://search.findmypast.com/search-world-records/scotland-burgess-and-guild-brethren-indexScotland, Burgess & Guild Brethren Index] at Findmypast - index ($)
*[https://www.ancestry.com/search/collections/70880/ Web: Scotland, Registers of Deeds, 1619-1859] at Ancestry - index ($)
 
==Scotland Land and Property==
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 ===
===Jurisdictions===


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


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


=== Property-related Records ===
===Property-related Records===


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


*[[Service of Heirs or Retours|Service of Heirs or Retours]]  
*[[Service of Heirs or Retours|Service of Heirs or Retours]]
*[[Sasines|Sasines]]  
*[[Sasines|Sasines]]
*[[Scotland Deeds|Deeds]]  
*[[Scotland Deeds|Deeds]]
*[[Scotland Estate Records|Estate Records]]<br>
*[[Scotland Estate Records|Estate Records]]<br>


=== Valuation Rolls ===
===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 http://www.nas.gov.uk/guides/valuationRolls.asp]<br>  
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 FS Library 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<br>  


=== Ultimus Haeres ===
===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:  
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.&nbsp;
*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.  
*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.  
*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 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.<br>
*The FamilySearch Library does not have the petitions on microfilm.<br>


=== Land Records ''Tailzies'' (entail)===
===Land Records ''Tailzies'' (entail)===
 
*Research use


*Research use
To obtain names and residence and relationship of those who inherited land after death of individuals.  They supplement parish register information.
To obtain names and residence and relationship of those who inherited land after death of individuals.  They supplement parish register information.
*Record type
*Record type
Settlement of heritable property inalienably on a specified line of heirs, not heirs at law.
Settlement of heritable property inalienably on a specified line of heirs, not heirs at law.
*Time period
*Time period
1688 to 1952
1688 to 1952
*Contents  
 
*Contents
 
Information on distribution of lands, names, relationships, and pedigrees of land holders.
Information on distribution of lands, names, relationships, and pedigrees of land holders.


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Reliability:  These records are highly accurate because they were recorded by a government agency.<ref>The Family History Department of the Church of Jesus Christ of Latter-day Saints, “Family History Record Profile: Scotland,” Word document, private files of the FamilySearch Content Strategy Team, 1988-2001.</ref>
Reliability:  These records are highly accurate because they were recorded by a government agency.<ref>The Family History Department of the Church of Jesus Christ of Latter-day Saints, “Family History Record Profile: Scotland,” Word document, private files of the FamilySearch Content Strategy Team, 1988-2001.</ref>


=== Land Records ''Hornings'' (diligence)===
===Land Records ''Hornings'' (diligence)===


*Research use
*Research use
To locate information on debtors and their land transactions.
To locate information on debtors and their land transactions.
*Record type
*Record type
Land records of debtors, their heritable estates, and actions against them.
Land records of debtors, their heritable estates, and actions against them.
*Time period
*Time period
1579 to 1868.
1579 to 1868.
*Contents
*Contents
Information on debtors, their heirs, and distribution of their property.
Information on debtors, their heirs, and distribution of their property.


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Reliability:  These records are highly accurate because they were recorded by a government agency.<ref>The Family History Department of the Church of Jesus Christ of Latter-day Saints, “Family History Record Profile: Russia,” Word document, private files of the FamilySearch Content Strategy Team, 1996-2001.</ref>
Reliability:  These records are highly accurate because they were recorded by a government agency.<ref>The Family History Department of the Church of Jesus Christ of Latter-day Saints, “Family History Record Profile: Russia,” Word document, private files of the FamilySearch Content Strategy Team, 1996-2001.</ref>


=== Books ===
===Books===


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


Dobson, David. ''''Scottish-American Heirs 1683-1883.'''' Baltimore, Maryland: Genealogical Publishing Co., Inc., 1990. (Family History Library {{FHL|941 D2d|disp=book 941 D2d}}.)  
Dobson, David. '<nowiki/>'''Scottish-American Heirs 1683-1883.'''' Baltimore, Maryland: Genealogical Publishing Co., Inc., 1990. (FamilySearch Library {{FSC|941 D2d|disp=book 941 D2d}}.)  


''''Encyclopedia of the Laws of Scotland.''''16 vols and 2 supps. Edinburgh, Scotland: W. Green &amp; Son, Limited, 1926. (Family History Library {{FHL|941 P36e|disp=book 941 P36e}}.)  
'<nowiki/>'''Encyclopedia of the Laws of Scotland.''''16 vols and 2 supps. Edinburgh, Scotland: W. Green &amp; Son, Limited, 1926. (FamilySearch Library {{FSC|941 P36e|disp=book 941 P36e}}.)  


Gibb, Andrew Dewar. ''''Students’ Glossary of Scottish Legal Terms.'''' Edinburgh, Scotland: W. Green &amp; Son, Ltd., 1946. (Family History Library {{FHL|138057|title-id|disp=book 941 P36g}}.)  
Gibb, Andrew Dewar. '<nowiki/>'''Students’ Glossary of Scottish Legal Terms.'''' Edinburgh, Scotland: W. Green &amp; Son, Ltd., 1946. (FamilySearch Library {{FSC|138057|title-id|disp=book 941 P36g}}.)  


Gouldesbrough, Peter. ''''Formulary of Old Scots Legal Documents.'''' Vol. 36. Edinburgh, Scotland: The Stair Society, 1985. (Family History Library {{FHL|437197|title-id|disp=book 941 B4st v.36}}.)  
Gouldesbrough, Peter. '<nowiki/>'''Formulary of Old Scots Legal Documents.'''' Vol. 36. Edinburgh, Scotland: The Stair Society, 1985. (FamilySearch Library {{FSC|437197|title-id|disp=book 941 B4st v.36}}.)  


''''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{{FHL|248949|title-id|disp=book 941 B4st; film 1426033}}.)
'<nowiki/>'''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. (FamilySearch Library{{FSC|248949|title-id|disp=book 941 B4st; film 1426033}}.)
   
   
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 {{FHL|941 D27s|disp=book 941 D27s}}.)  
Sinclair, Cecil. '<nowiki/>'''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office.'''' Edinburgh, Scotland: Her Majesty’s Stationery Office, 1990. (FamilySearch Library {{FSC|941 D27s|disp=book 941 D27s}}.)


==References==
{{reflist}}
{{reflist}}


{{Template:Pros-Scot}}  
{{Template:Pros-Scot}}  


{{Place|Scotland}}  
{{Place|Scotland}}
 
{{featured article}}


[[Category:Scotland Land and Property]]
[[Category:Scotland Land and Property]][[Category:Scotland]][[Category:Land and Property]]
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Latest revision as of 20:31, 20 March 2024


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Online Resources

Scotland Land and Property

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:

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 FS Library 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 FamilySearch 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.[1]

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.[2]

Books

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

Dobson, David. 'Scottish-American Heirs 1683-1883.' Baltimore, Maryland: Genealogical Publishing Co., Inc., 1990. (FamilySearch Library book 941 D2d.)

'Encyclopedia of the Laws of Scotland.'16 vols and 2 supps. Edinburgh, Scotland: W. Green & Son, Limited, 1926. (FamilySearch Library book 941 P36e.)

Gibb, Andrew Dewar. 'Students’ Glossary of Scottish Legal Terms.' Edinburgh, Scotland: W. Green & Son, Ltd., 1946. (FamilySearch Library book 941 P36g.)

Gouldesbrough, Peter. 'Formulary of Old Scots Legal Documents.' Vol. 36. Edinburgh, Scotland: The Stair Society, 1985. (FamilySearch Library book 941 B4st v.36.)

'An Introductory Survey of the Sources and Literature of Scots Law.' Vol. 1. The Stair Society. Edinburgh, Scotland: Robert Maclehose & Co., Ltd. for The Stair Society, 1936. (FamilySearch Librarybook 941 B4st; film 1426033.)

Sinclair, Cecil. 'Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office.' Edinburgh, Scotland: Her Majesty’s Stationery Office, 1990. (FamilySearch Library book 941 D27s.)

References

  1. ↑ The Family History Department of the Church of Jesus Christ of Latter-day Saints, “Family History Record Profile: Scotland,” Word document, private files of the FamilySearch Content Strategy Team, 1988-2001.
  2. ↑ The Family History Department of the Church of Jesus Christ of Latter-day Saints, “Family History Record Profile: Russia,” Word document, private files of the FamilySearch Content Strategy Team, 1996-2001.


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