Legal Definitions - feu farm

Feu farm was a historical form of land tenure under Scots law, where a person held land in exchange for making a specified, regular annual payment to a superior (the original landowner). This payment was known as "feu duty." Essentially, it was a long-term, hereditary right to occupy and use land, but it differed from outright ownership because the holder was perpetually obligated to make this annual payment. This type of tenure was abolished in Scotland in 2000 and converted into full freehold ownership, meaning the annual payments ceased, and the landholders gained complete title to their property.

• Example 1: Historical Family Estate

  Imagine the MacLeod family in the Scottish Highlands in the 18th century. They farmed a parcel of land that they held under a feu farm arrangement. Each year, they would pay a set amount of money, their "feu duty," to the local clan chief, who was the superior of that land. While the MacLeods could build on the land, pass it down through generations, and farm it as their own, they never truly owned it outright in the modern sense because they were perpetually obligated to make that annual payment to the chief. This continued until the 2000 reforms converted their holding to full ownership, ending the feu duty.

  This illustrates "feu farm" as a long-standing land tenure where an annual payment (feu duty) was made to a superior, highlighting the historical context and the eventual conversion to freehold.

• Example 2: Urban Property Development

  Consider a row of Victorian terraced houses built in Glasgow in the late 1800s. The original developer acquired the land from a wealthy landowner under a feu farm agreement. When the houses were sold to individual homeowners, each homeowner became responsible for paying a small annual "feu duty" to the original landowner's estate. This payment was a condition of their tenure, even though they considered the house and garden "theirs." After the 2000 abolition, these homeowners automatically became full freehold owners, and the obligation to pay feu duty ceased.

  This shows "feu farm" applied to urban residential property, demonstrating how individual property owners were bound by the annual payment to a superior, and how the 2000 legislation changed this.

• Example 3: Commercial/Agricultural Land

  Prior to 2000, a small business owner in the Scottish Borders might have operated a timber yard on land held under a feu farm. They had the right to use the land for their business, erect structures, and manage their operations, but they were required to pay a fixed annual "feu duty" to the local estate that originally granted the feu. This arrangement provided them with secure tenure for their business, but it wasn't outright ownership until the legal changes in 2000 automatically converted their feu farm into full freehold title, removing the annual payment obligation.

  This example illustrates "feu farm" in a commercial/agricultural context, emphasizing the secure but conditional nature of the tenure and the impact of the 2000 conversion.