Scotland Land and Property: Difference between revisions

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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.  
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=== Jurisdictions ===
==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=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.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://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===


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


In general, there are three types of Scottish land records:  
===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|Service of Heirs or Retours]]
*[[Sasines|Sasines]]
*[[Scotland Deeds|Deeds]]
*[[Scotland Estate Records|Estate Records]]<br>
 
===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<br>
 
===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.<br>
 
===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<br>
H.M. General Register House<br>
Edinburgh<br>
Scotland EH1 3YY<br>
 
Population coverage:  20%.
 
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)===
 
*Research use
 
To locate information on debtors and their land transactions.


*[[Service of Heirs or Retours|Service of Heirs or Retours]]
*Record type
*[[Sasines|Sasines]]
*[[Deeds|Deeds]]


=== Estate Papers  ===
Land records of debtors, their heritable estates, and actions against them.


Most of our Scottish ancestors never owned land but rather lived and farmed land belonging to someone else. The Estate owner kept management records of their lands, estates and tenants. Some of these records have survived and reside either in the hands of the current estate owner or are at the National Archives of Scotland (NAS) as a Gift and Depost (GD). Some large estates have their own archives on-sight. The types of papers in an estate could be:
*Time period


*Rentals or leases called a 'tack'
1579 to 1868.
*Lists of tenants
*Records of tenants who may have been in some trouble


In order to search estate records you need to know who owned the estate.&nbsp; To find this information search these sources available either online or at the FHL:
*Contents


*Parish histories and gazetteers
Information on debtors, their heirs, and distribution of their property.
*The Old &amp; New Statistical Accounts of Scotland at the FHL and online at [http://www.edina.ac.uk/stat-acc-scot/ Edina.ac.uk] for a fee.
*Findlay, James. Directory of Gentlemen’s’ Seats, villages, &amp;c. in Scotland… [1843] (FHL book Ref 941 E4d; film 599347 item 3; fiche 6026392) online at [http://www.archive.org/details/directorytogentl00find Archives.org]
*Register of the Great Seal 1306-1668, 11 vols. (FHL book 941 N2sc): 1306-1651 are available on [http://search.ancestry.com/search/db.aspx?dbid=34544 Ancestry]
*Statistics of the annexed estates, 1755-1756: from the records of the forfeited estates preserved in the Scottish Record Office [NAS]. FHL Q book 941 R2sa. Lists tenants on the estates forfeited as a result of the 1745 Rebellion.
*Index of Place Names to the Abridgements of Sasines (see that section)
*Timperley, Loretta R. Directory of Landownership in Scotland circa 1770. (FHL book 941 B4sr n.s. v. 5)
*Return of Owners of Land and Heritages in Scotland 1872-73 (FHL Q book 941 R25i)
*National Register of Archives (searchable online) [http://nationalarchives.gov.uk/nra www.nationalarchives.gov.uk/nra/]


Once the name of the land owner has been determined,&nbsp;search&nbsp;the NAS' catalog for their name or the property name along with references of E,GD or RH. The FHL catalog should also be searched under the county where the property was located and look under the topic of "Land and Property".


=== Valuation Rolls ===
'''Location'''


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]
National Archives of Scotland<br>
H.M. General Register House<br>
Edinburgh<br>
Scotland EH1 3YY<br>


Population coverage:  10%.


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>


=== For More Information  ===
===Books===


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


National Archives of Scotland [http://www.nas.gov.uk] Look at the "Guides to Records".  
Dobson, David. '<nowiki/>'''Scottish-American Heirs 1683-1883.'''' Baltimore, Maryland: Genealogical Publishing Co., Inc., 1990. (FamilySearch Library {{FSC|941 D2d|disp=book 941 D2d}}.)


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


''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}}.)  
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}}.)  


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}}.)  
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}}.)  


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}}.)  
'<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. '<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}}.)


''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}}.)
==References==
{{reflist}}


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}}.)
{{Template:Pros-Scot}}  


{{Place|Scotland}}  
{{Place|Scotland}}


[[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[edit | edit source]

Scotland Land and Property[edit | edit source]

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[edit | edit source]

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[edit | edit source]

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

Valuation Rolls[edit | edit source]

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[edit | edit source]

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)[edit | edit source]

  • 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)[edit | edit source]

  • 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[edit | edit source]

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[edit | edit source]

  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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