Legal Definitions - cum decimis inclusis et nunquam antea separatis

The Latin phrase cum decimis inclusis et nunquam antea separatis translates to "with the tithes included, and never before separated." In historical Scots law, this phrase was used in legal documents, particularly those transferring land ownership. It signified that the right to collect or the obligation to pay tithes (a historical levy, often a tenth of agricultural produce or income, typically paid to the church or a feudal superior) was considered an inherent part of the land being conveyed and had never been legally separated from that land in previous transactions. Essentially, it confirmed that the land was being transferred with its associated tithe rights or obligations, and these had always been bundled together with the land itself.

Here are some examples illustrating this concept:

• Historical Land Sale: Imagine a wealthy landowner, Lord MacGregor, in 17th-century Scotland, selling a large agricultural estate, "Glenview Farm," to a prosperous merchant, Mr. Campbell. The deed of sale for Glenview Farm includes the phrase cum decimis inclusis et nunquam antea separatis. This means that the tithes associated with Glenview Farm – perhaps a tenth of its annual grain harvest or livestock – are considered part of the property itself and are being transferred to Mr. Campbell along with the land. Furthermore, this phrase confirms that these tithes had always been collected by the owner of Glenview Farm and had never been legally detached or sold off as a separate right to another party. Therefore, Mr. Campbell acquires the farm with the understanding that the tithe obligations or benefits are intrinsically linked to his new ownership, rather than being a separate financial burden or asset he would need to negotiate.

• Family Inheritance of a Large Estate: Consider the ancient "Blackwood Estate," which has been in the Sinclair family for centuries. When Lady Eleanor Sinclair inherits the estate from her father in the 18th century, the legal documents confirming her inheritance contain the clause cum decimis inclusis et nunquam antea separatis. This signifies that the rights to collect tithes from the tenant farmers working on parts of the Blackwood Estate, or the historical obligation for the estate itself to pay tithes to a superior entity, are an integral part of the estate's assets and liabilities. The phrase confirms that these tithe arrangements have always been tied to the ownership of Blackwood Estate and were never previously sold off or separated from the main property. Lady Eleanor thus inherits the estate with its full historical financial structure, including these long-standing tithe provisions.

• Property Developer Researching Historical Land Rights: A modern property developer, Caledonia Developments, is looking to acquire a large tract of rural land in Scotland for a new housing project. During their due diligence, their legal team reviews centuries-old title deeds for the land. They discover a very old deed from the 16th century that uses the phrase cum decimis inclusis et nunquam antea separatis when describing a previous transfer of a portion of this land. This tells the legal team that, at that specific historical point, the tithes related to that parcel of land were considered part of the land itself and had not been separately alienated. While tithes are largely obsolete today, this historical clause provides crucial insight into the complete chain of ownership and the historical financial burdens or benefits associated with the land, ensuring that all historical rights and obligations were properly accounted for in subsequent transfers, even if they are no longer actively enforced.