Chapter

Leases: Four Historical Portraits

Martin Hogg

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267782.003.0009
Leases: Four Historical Portraits

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The tenure of land by lease in Scotland has an ancient pedigree. While other forms of land tenure, such as the rental and kindly tenancy, thrived alongside the lease only to wither, the lease seems certain to outlive them all. The pattern of decline applies equally to feu farm, a form of tenure which did not appear on Scottish shores until well into the history of the lease, and which will, with the forthcoming abolition of the feudal system, pass into the history books. To borrow the language of horticulture, the lease is one of Scotland's hardiest perennials. The longevity of the lease, or ‘tack’ to use its Scots name, must be attributable in large part to its adaptability to meet changing social and political needs.

Keywords: land tenure; tenancy; feu farm; feudal system; social needs; assedation

Chapter.  19003 words. 

Subjects: Constitutional and Administrative Law

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