Legal Definitions - feu tenure

Feu Tenure refers to a historical system of landholding in Scotland, which was a form of feudal tenure. Under feu tenure, an owner of land (the 'superior') would grant land to another party (the 'feuar' or 'vassal') in perpetuity. In exchange, the feuar would pay an annual sum, known as 'feu duty,' to the superior. The feuar essentially held most of the rights of ownership, including the right to sell or develop the land, but the superior retained a nominal interest and the right to receive the feu duty. This system was a significant part of Scottish property law for centuries but was largely abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

• Example 1: Residential Property

  Imagine a Scottish family in the late 19th century who wished to build a new home. They acquired a plot of land from a local estate owner under a feu contract. This meant they gained the right to build on and occupy the land forever, passing it down through generations. In return, they committed to paying an annual feu duty of, for instance, five pounds to the estate owner. The family had full use and control over their home and garden, but the obligation to pay the feu duty to the superior continued indefinitely.

  This example illustrates feu tenure because the family, as the feuar, holds the land in perpetuity and has the rights of an owner, but is bound by the ongoing financial obligation of paying feu duty to the original grantor (the superior).

• Example 2: Commercial Development

  Consider a developer in Glasgow in the early 20th century who wanted to construct a block of tenement flats. They entered into a feu contract with a large landowner for a substantial plot. The developer, as the feuar, paid a significant initial premium and agreed to an annual feu duty for the entire plot. This arrangement allowed the developer to build the tenements and then sell individual flats, while the obligation to pay the feu duty for the underlying land remained with the developer (or was apportioned among the flat owners) to the original landowner.

  This example demonstrates feu tenure by showing how it facilitated commercial development, allowing a feuar to acquire land for building purposes with a perpetual right, subject to an ongoing annual payment to the superior.

• Example 3: Community Land Grant

  In the 18th century, a small Scottish village sought land to build a new schoolhouse and playground. The local laird (landowner) agreed to grant them the necessary plot under feu tenure. The village council, acting as the feuar, paid a nominal annual feu duty of one shilling to the laird. This ensured the village had a permanent right to use the land for educational purposes, and the laird retained a symbolic, ongoing connection to the land through the feu duty, even though the village had full operational control over the school.

  This example highlights feu tenure's application in community settings, where land was granted for a specific public purpose in perpetuity, with the feuar (the village council) making a continuous, albeit small, payment to the superior.