REVOLUTION IN SCOTTISH LAND LAW

Andrew J M Steven (University of Edinburgh)

On 28 November 2004, Scottish land law will be subject to a radical overhaul. The feudal system of landholding, now unique in the developed world, will finally be swept away. This major reform, however, has necessitated substantive changes in the law relating to perpetual conditions affecting land. The law on real burdens will effectively be codified and the law on servitudes amended. The final piece of the revolution is to place the Scottish law of the tenement (apartment ownership) onto a statutory footing. This article gives an overview of the changes and concludes that they should be of great interest to those involved in developing and reforming the law in other jurisdictions.

Cite as: Andrew Steven, Revolution in Scottish Land Law, vol 8.3 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (October 2004), <http://www.ejcl.org/83/art83-5.html>

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Contents
1. Introduction
2. Why now?
3. Why did feudalism survive so long in Scotland?
4. Effecting feudal abolition
5. Reforming title conditions
6. Tenement reform
7. Human rights
8. Conclusions
Notes

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