Allodial Title

mark: jennings TM made this Freedom of Information request to Keeper of the Registers of Scotland

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

mark: jennings TM

Dear Sir or Madam,

I understand that it is possible to create an Allodial Title in Scotland. Please highlight the process to do this, or can it simply be declared and Registered accordingly.

Yours faithfully,

markj TM

Customer Services, Keeper of the Registers of Scotland

Your request has been acknowledged by Registers of Scotland Customer
Services Centre. Answers to search requests will normally be despatched
within 7 working days. If more information is required to complete the
enquiry you will be contacted by a member of the Customer Service Team.
Copy deeds will despatched within 48 hours.

P Please consider the environment - do you really need to print this
email?

show quoted sections

Deayton, Ian, Keeper of the Registers of Scotland

Dear Mr Jennings

Your request sent to [1][Keeper of the Registers of Scotland request email] is now being dealt
with by our Legal Services Department and they will reply to your enquiry
in due course. Your enquiry does not fall within the remit of a Freedom of
Information enquiry and will be dealt with as a General Registration
enquiry.

Regards

Ian Deayton

Ian Deayton/Customer Services Team Leader/Registers of Scotland/(0131 659
6111 Ext. 5940 or Direct 0131 200 3940/:[email address] /:
[2]www.ros.gov.uk

P Please consider the environment - do you really need to print this
email?

show quoted sections

References

Visible links
1. mailto:[Keeper of the Registers of Scotland request email]
2. http://www.ros.gov.uk/
file:///tmp/BLOCKED::http:/www.ros.gov.uk/

MacInnes, Susan, Keeper of the Registers of Scotland

Dear Mr Jennings

Freedom of Information (Scotland) Act 2002

Allodial Land

I refer to your email dated 10 May 2009 addressed to our Customer Service
Centre being a request for information under the Freedom of Information
(Scotland) Act 2002 ("FOISA"). You ask if it is possible to create an
Allodial Title in Scotland and the process to do this.

It is not entirely clear what you mean by referring to the creation or
declaration of an Allodial Title. As you may be aware the term "allodial"
is used to describe absolute land tenure as distinct from feudal property.
Effectively the feudal system of land tenure in Scotland was abolished on
28 November 2004 by virtue of the Abolition of Feudal Tenure etc
(Scotland) Act 2000
[1]http://www.opsi.gov.uk/legislation/scotl...
("the 2000 Act"). As a consequence of this, all land in Scotland is now
allodial. Registration of an interest in land in the Land Register (or in
the Sasine Register which is the precursor to the Land Register) creates a
real right of ownership of land. It is however misleading to define this
as a creation or a declaration of an allodial title. It is perhaps better
described as a transfer of land in Scotland which is now considered
allodial as a result of the 2000 Act.

It is not within the remit of a FOISA request to provide information which
is in the public domain and the Keeper cannot give legal advice. However,
please note that to register a title to land in Scotland you must comply
with Scottish conveyancing legislation. Where the title is to be
registered in the Land Register the governing legislation is the Land
Registration (Scotland) Act 1979:
[2]http://www.opsi.gov.uk/RevisedStatutes/A...

You will find information about the practical process of registration of
title in the Land Register on our website [3]www.ros.gov.uk. If you wish
to clarify the legal requirements for transfer and registration of an
interest in land I would suggest that you may find it of assistance to
discuss this with a solicitor qualified in Scots law.

Right to Review

If you require a review of our response to your request for information to
be carried out, please write to Ken Young, Freedom of Information Reviews
Officer, Registers of Scotland, Meadowbank House, 153 London Road,
Edinburgh, EH8 7AU, explaining why you wish a review to be carried out.
Your request should be made within 40 working days of receipt of this
letter, and we will reply within 20 working days of receipt. The review
will be undertaken by staff not involved in the original decision making
process. If our response is unchanged following a review and you remain
unsatisfied with this, you then have the right to make a formal complaint
to the Scottish Information Commissioner.

Yours sincerely

Susan MacInnes

FOI Compliance Officer

P Please consider the environment - do you really need to print this
email?

show quoted sections

References

Visible links
1. http://www.opsi.gov.uk/legislation/scotl...
http://www.opsi.gov.uk/legislation/scotl...
2. http://www.opsi.gov.uk/RevisedStatutes/A...
http://www.opsi.gov.uk/RevisedStatutes/A...
3. http://www.ros.gov.uk/
http://www.ros.gov.uk/

mark: jennings TM

Hello Susan,

Thank you for your email.

I have quickly read "the 2000 Act", thank you for the link, and have a query in regard to your comments, I quote :

1. "As a consequence of this, all land in Scotland is now allodial"

2. "land in Scotland which is now considered allodial as a result of the 2000 Act".

I just wanted to clarify that the land now transferred by that Act is consistent with the following definition :

"It [allodial title] describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever"

The reason I seek clarification is you used the word "considered" in the phrase 2) above. Does your statement work with the word "considered" removed in conjunction with "the 2000 Act".

Thank you for your help

Sincerely,

markj TM

MacInnes, Susan, Keeper of the Registers of Scotland

I am out of the office until Tuesday 26 May 2009 . Emails will not be
checked from time to time.

However, for anything urgent please telephone the Legal Services support
staff on 0131 659 6111 ext. 5649.

P Please consider the environment - do you really need to print this
email?

show quoted sections

MacInnes, Susan, Keeper of the Registers of Scotland

Dear Mr Jennings

Thank you for your email dated 22 May responding to my reply to your
original FOI request dated 10 May.

I cannot offer a comment on the interpretation you have offered. I can
only repeat that the feudal system was abolished in Scotland in terms of
the Abolition of Feudal Tenure etc (Scotland) Act 2000 and that land in
Scotland is now "allodial" as opposed to "feudal".

I consider that the information already provided meets our obligations in
terms of the Freedom of Information (Scotland) Act 2002.

As previously suggested, you should consult a solicitor qualified in Scots
law if you wish advice on the interpretation of the law.

I am sorry that I cannot be of further assistance.

Yours sincerely

Susan MacInnes

show quoted sections

mark: jennings TM

Hello Susan,

Thank you for your reply, this answers my question.

Sincerely,

markj TM