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Feu disposition meaning
Published by a LexisNexis Property expert
What does Feu disposition mean?
In Scots conveyancing practice, a feu disposition was the deed used to grant a feudal interest in land by which a feudal superior transferred the dominium utile (the beneficial or working ownership) to a vassal. It typically described the subjects, created the feu, and imposed conditions such as feu duty and real burdens or other title conditions, while the superior retained the higher feudal interest.
The term is specific to Scotland and is a long‑established conveyancing expression recognised in legislation and case law. It ceased to be a current mode of conveyance on 28 November 2004, when the feudal system was abolished in Scotland by statute. Following abolition, superiorities were extinguished and feudal burdens either fell or were converted into real burdens under subsequent legislation. Feu dispositions remain significant in practice because they commonly appear in historic title deeds and must be interpreted on title examination, rectification, and land registration.
There is no equivalent concept in England and Wales, Northern Ireland or Ireland, where estates are conveyed by transfer of freehold or leasehold title rather than by feudal grant. In modern Scots property law, ownership is conveyed by disposition, not by feu disposition.
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View the related Practice Notes about Feu disposition
PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
21 May
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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
21 May
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