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Abolition of Feudal Tenure etc. (Scotland) Act 2000

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This is the original version (as it was originally enacted).

63Baronies and other dignities and offices

Explanatory NotesShow EN

(1)Any jurisdiction of, and any conveyancing privilege incidental to, barony shall on the appointed day cease to exist; but nothing in this Act affects the dignity of baron or any other dignity or office (whether or not of feudal origin).

(2)When, by this Act, an estate held in barony ceases to exist as a feudal estate, the dignity of baron, though retained, shall not attach to the land; and on and after the appointed day any such dignity shall be, and shall be transferable only as, incorporeal heritable property (and shall not be an interest in land for the purposes of the Land Registration (Scotland) Act 1979 (c. 33) or a right as respects which a deed can be recorded in the Register of Sasines).

(3)Where there is registered, before the appointed day, a heritable security over an estate to which is attached the dignity of baron, the security shall on and after that day (until discharge) affect—

(a)in the case of an estate of dominium utile, both the dignity of baron and the land; and

(b)in any other case, the dignity of baron.

(4)In this section—

  • “conveyancing privilege” includes any privilege in relation to prescription;

  • “dignity” includes any quality or precedence associated with, and any heraldic privilege incidental to, a dignity; and

  • “registered” has the same meaning as in Part 4 of this Act.

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