Legal Definitions - novalia

In Scots law, novalia refers to land that has been newly brought into cultivation for the first time. Historically, this term was significant because such land was sometimes granted exemptions from paying teinds, which were a type of tithe or tax on agricultural produce, typically paid to the church or a landowner.

Here are some examples to illustrate the concept of novalia:

• Imagine a Scottish farmer in the 16th century who owns a large estate that includes both existing farmland and a significant area of untouched, dense forest. If this farmer undertakes the arduous task of clearing a section of that forest, removing trees and undergrowth, and then plowing and planting crops on it for the very first time, that specific area of newly tilled land would be considered novalia. The legal implication might be that the farmer could apply for an exemption from paying teinds on the produce from this challenging new cultivation.

• Consider a growing village community in the Scottish Highlands that needs to expand its food production. They decide to drain a previously boggy or marshy area adjacent to their settlement that has never been used for agriculture. After significant effort to make the land suitable, they begin planting potatoes and barley. The reclaimed and newly cultivated sections of the former bog would be classified as novalia, potentially qualifying for relief from traditional agricultural taxes.

• Suppose a wealthy landowner in the Lowlands has a vast property, much of which has historically been used for sheep grazing—pasture land that has never been plowed or sown with crops. If this landowner decides to convert a substantial portion of this long-standing pasture into arable fields for growing flax or oats, the areas that are plowed and planted for the first time would be designated as novalia. This distinction could have allowed the landowner to avoid paying teinds on the initial harvests from these newly productive fields.