Scotland Land and Property

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Land and Property

Cottage, Pitmedden Garden - geograph.org.uk - 507812 Land records can help you determine where and when your family lived in a specific place. Sometimes these records will be based on inheritance, and such records will often mention two or more generations of a family. In Scotland the land system had feudal roots in which the crown owned all of the land. Online Resources Scotland of Register of Deeds Index, Vll, 1667 ($) Perth, Scotland, Register of Deeds, 1566 - 1811 ($) Scotland Valuation Rolls, 1854+, index, ($). National Archives of Scotland Look at the "Guides to Records". National Archives of Scotland Look at the "Guides to Records and Google Books"] Royal Highland and Agriculturltural Society of Scotland Searchable Transactions Reports published from 1799 to 1968, contain many interesting and valuable accounts of agricultural experiments and improvements. The Transactions of the Society also contain many references to crafting. [digital-volumes/ Ordnance Survey Name Books] Jurisdictions Many courts were involved in actions regarding land. Some of the most important courts were: Chancery Courts Court of Session Sheriff Courts Burgh Courts Commissary Courts Regality Courts Property-related Records In general, there are four types of Scottish land and property records, explained in the following articles: Service of Heirs or Retours Sasines Deeds Estate Records Valuation Rolls Taxes were determined by the value of the land. These records are called 'valuation rolls' and exist sporadically before 1855. The book entitled "Directory of Landownership in Scotland circa 1770" is based in part on the valuation rolls for that year. The FHL has only a few of these records and most are listed in the NAS online catalog with the reference of VR. To learn more about these records go to http://www.nas.gov.uk/guides/valuationRolls.asp Ultimus Haeres If a person died 'intestate' (without leaving a document for probate) and had no known heirs, the Crown was the 'last heir' or 'ultimus haeres.' There is no succession to or through the mother for either heritable or moveable property. If the deceased has only relatives on his mother's side of the family, including half-brothers and sisters, they could not directly inherit. However, relatives could petition the Crown to inherit a portion of an estate. Location of these petitions are handled as follows: Grants of petitions for moveable property before 1834 were recorded under the Privy Seal. Indexes survive in various forms including minute books.  Grants of petitions for heritable property before 1834 are sporadic and unindexed. Records since 1834 are more consistent and complete and are indexed by the name of the deceased. The petitions are part of the collection of the Exchequer (NAS online catalogue reference E). The Family History Library does not have the petitions on microfilm. Land Records Tailzies (entail) Research use To obtain names and residence and relationship of those who inherited land after death of individuals. They supplement parish register information. Record type Settlement of heritable property inalienably on a specified line of heirs, not heirs at law. Time period 1688 to 1952 Contents Information on distribution of lands, names, relationships, and pedigrees of land holders. Location National Archives of Scotland H.M. General Register House Edinburgh Scotland EH1 3YY Population coverage: 20%. Reliability: These records are highly accurate because they were recorded by a government agency. Land Records Hornings (diligence) Research use To locate information on debtors and their land transactions. Record type Land records of debtors, their heritable estates, and actions against them. Time period 1579 to 1868. Contents Information on debtors, their heirs, and distribution of their property. Location National Archives of Scotland H.M. General Register House Edinburgh Scotland EH1 3YY Population coverage: 10%. Reliability: These records are highly accurate because they were recorded by a government agency. Books For more information about sasine, service of heir, deeds, and other Scottish land and property records, see the following books: Dobson, David. 'Scottish-American Heirs 1683-1883.' Baltimore, Maryland: Genealogical Publishing Co., Inc., 1990. (Family History Library book 941 D2d.) 'Encyclopedia of the Laws of Scotland.'16 vols and 2 supps. Edinburgh, Scotland: W. Green & Son, Limited, 1926. (Family History Library book 941 P36e.) Gibb, Andrew Dewar. 'Students’ Glossary of Scottish Legal Terms.' Edinburgh, Scotland: W. Green & Son, Ltd., 1946. (Family History Library book 941 P36g.) Gouldesbrough, Peter. 'Formulary of Old Scots Legal Documents.' Vol. 36. Edinburgh, Scotland: The Stair Society, 1985. (Family History Library book 941 B4st v.36.) 'An Introductory Survey of the Sources and Literature of Scots Law.' Vol. 1. The Stair Society. Edinburgh, Scotland: Robert Maclehose & Co., Ltd. for The Stair Society, 1936. (Family History Librarybook 941 B4st; film 1426033.) Sinclair, Cecil. 'Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office.' Edinburgh, Scotland: Her Majesty’s Stationery Office, 1990. (Family History Library book 941 D27s.) References