Legal Definitions - feu annual

In Scots law, a feu annual refers to the annual payment that was historically made by a landowner (known as the "feuar") to a superior landowner in Scotland. This payment was a condition of a specific type of land ownership called a "feu," where land was granted in perpetuity in exchange for this ongoing yearly sum and sometimes other services. While most feu duties have been abolished or redeemed in modern Scottish law, the term describes this historical perpetual annual payment.

• Example 1: Agricultural Land Grant

  Imagine in the 18th century, a Scottish laird (the superior landowner) granted a large tract of agricultural land to a tenant farmer and their descendants forever. As part of this agreement, the farmer was required to pay a fixed sum of money, perhaps £5, to the laird every year. This £5 payment, made annually for the right to hold and use the land, was the feu annual.

• Example 2: Urban Property Development

  Consider a scenario in the early 20th century where a property developer acquired a plot of land from a city council (the superior) to build residential houses. The agreement stipulated that the developer and subsequent homeowners (the feuars) would pay a small annual sum to the council. Each homeowner was then responsible for paying a "feu annual" of, for instance, £10 per year to the council for their property. This payment continued year after year, regardless of who owned the house.

• Example 3: Redemption of a Historical Obligation

  In the late 20th century, a homeowner in Scotland owned a property that was subject to a historical feu annual of £20 per year, payable to a descendant of the original superior. The homeowner decided to exercise their legal right to "redeem" this feu annual. This meant they paid a one-off lump sum to the superior to extinguish the future annual payments, thereby freeing their property from this perpetual obligation. The £20 per year that was being paid represented the feu annual.