Feudal System Flashcards
What does the Land Reform Act 2003 establish ? and subsequent acts?
Second part of the act, communities can form organization and register an interest in land they want – if the land comes on the market, they have the first opportunity to buy it – it doesn’t go on the open market
other acts allow communities to buy land even if the owner doesn’t want to sell – but they have to show its in the interest of sustainable development
How did the feudal system work?
No one owned land outright, it was granted to private individuals known as vassals who held it from a feudal superior. The superior can also hold it from other superiors creating a chain. The crown is the ultimate superior.
Vassals held the property and paid feuduty twice a year, similar to being a tenant.
What is the difference between a lease and a feudal system?
A lease is capped but feudal was forever
What is the difference between dominium directum and dominium utile in feudal law?
dominium directum is considered the superior and there is not limit to this.
The estate of dominium utile carries the right to use the land and there can only be one.
How would a vassal at the bottom of the chain, create a new feudal link?
(subinfeudation)
They would need a deed, plus a symbolic delivery of the land - A giving a piece of earth to B. A notary public recording proceedings and a registertration
How did substitution work in the feudal system?
A and B would sell to C and D, who would take their place in the chain whilst they themselves would drop out.
What act abolished the feudal system on 28th Nov 2004?
Abolition of Feudal Tenure (Scot) Act 2000
