Legal Definitions - antiquus et novus extentus

antiquus et novus extentus is a historical legal concept from Scots law, meaning "old and new extent." It refers to the practice of valuing land for taxation, feudal duties, and other legal purposes by comparing a very old, established valuation with more recent assessments. The "old extent" typically referred to valuations from the late 13th century (specifically around 1280), while the "new extent" represented subsequent re-evaluations that reflected changes in the land's productivity or economic value over time. This comparison was crucial for determining various feudal obligations and rights associated with land ownership.

• Example 1: Feudal Dues and Obligations

  Imagine a Scottish landowner in the 17th century who held their estate directly from the Crown. When the Crown required a payment of feudal dues or military service based on the land's value, the calculation might involve both the "antiquus extentus" and the "novus extentus." The "antiquus extentus" would provide a fixed, historical baseline from the 1280 valuation, representing the land's original assessed worth. However, if the land had become significantly more productive due to new farming techniques or the development of a nearby market town, the "novus extentus" would reflect this increased contemporary value, leading to a higher, more equitable assessment of the landowner's obligations. This illustrates how the old and new valuations were used together to determine financial duties.

• Example 2: Land Transactions and Inheritance

  Consider a family in the 18th century looking to sell a portion of their ancestral lands or to determine its value for inheritance purposes. While the "antiquus extentus" might be referenced as a historical curiosity or to understand the original feudal burden on the land, the actual sale price or inheritance tax assessment would heavily rely on the "novus extentus." This newer valuation would account for the land's current agricultural output, any improvements made, its strategic location, and prevailing market conditions, providing a much more realistic and contemporary economic value for the transaction or tax calculation. Here, the "new extent" takes precedence for modern financial dealings, but the "old extent" provides historical context.

• Example 3: Legal Disputes Over Land Rights

  Suppose two Scottish noble families in the 16th century were embroiled in a legal dispute over the precise boundaries and associated rights (such as grazing or fishing) of a shared moorland. A court might refer to the "antiquus extentus" to understand the historical valuation and traditional rights tied to the land as it was understood centuries ago, providing insight into long-established customs. Simultaneously, a "novus extentus" might be commissioned to assess the current economic potential of the moor (e.g., for peat extraction or timber), influencing the modern interpretation of rights and responsibilities. This demonstrates how both historical and contemporary valuations could inform legal judgments regarding land use and ownership.