Explanatory Notes

Abolition of Feudal Tenure etc. (Scotland) Act 2000

2000 asp 5

14 July 2000

Explanatory Notes

Commentary on Sections

Part 7: General
Section 72: Interpretation

220.This section defines "land" and is intended to include not only surface land (including land covered by water) and the buildings and other structures which are present on it, but also the separate legal rights which are capable of being held on feudal tenure under the present law. These include flats in tenement buildings, minerals under the ground, and the right to salmon fishings, as well as other more esoteric subjects. This definition avoids the risk that the feudal system will survive in relation to some anomalous type of property. The definition expressly includes land which was not actually held on feudal tenure but which because of its nature might have been (for example, ground owned under udal law).