Legal Definitions - terce land

In historical Scottish law, terce land refers to income-generating real estate that was owned by a deceased husband, from which his widow had a legal right to receive a portion of the income. This right allowed the widow to maintain financial support from her late husband's estate, specifically from properties that produced revenue, such as rents from tenants or profits from agricultural land.

• The Laird's Farm

  Imagine a laird (landowner) in 17th-century Scotland who owned a large farm. This farm was leased to tenant farmers who paid rent in crops and coin. When the laird passed away, his widow, Lady Agnes, was legally entitled to a share of the income generated by this farm.

  This example illustrates terce land because the farm is the "income-producing real property" that belonged to Lady Agnes's deceased husband. Her legal right to a portion of the rent paid by the tenant farmers demonstrates her "pecuniary interest" in that property.

• Townhouses for Rent

  A wealthy merchant in 18th-century Edinburgh owned several townhouses that he rented out to other families, providing him with a steady income. Upon his death, his widow, Mrs. Elspeth, could claim a share of the rental income from these properties to support herself.

  Here, the rented townhouses represent the "income-producing real property" that was part of Mrs. Elspeth's late husband's estate. Her entitlement to a portion of the rent from these properties exemplifies her right to income from terce land.

• The Mill and Surrounding Lands

  Consider a Scottish nobleman who owned a water mill and the surrounding agricultural lands, which he leased to a miller and local farmers for an annual fee. After his passing, his widow, Lady Isobel, was granted a share of the annual income derived from both the mill's operation and the land leases.

  The mill and its leased lands constitute "income-producing real property." Lady Isobel's right to a share of the lease payments and profits from these assets demonstrates her interest in terce land that had been her husband's.