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Udal law

December 19, 2023

For other uses, see Udal.

Udal law is a Norse-derived legal system, found in Shetland and Orkney in Scotland, and in Manx law[1] in the Isle of Man. It is closely related to Odelsrett; both terms are from Proto-Germanic *Ōþalan, meaning "heritage; inheritance".[2]

History edit

Udal law was codified by the Norwegian kings Magnus I and Magnus VI. The Treaty of Perth transferred the Outer Hebrides and Isle of Man to Scots law, while Norse law and rule still applied for Shetland and Orkney.

The courts of Scotland have intermittently acknowledged the supremacy of udal law in property cases up to the present day. Major differences from Scots law include shore ownership rights, important for pipelines and buried cables.

Udal law generally holds sway in Shetland and Orkney, along with Scots law.

Description edit

Not all land in Shetland and Orkney can be described as falling under udal tenure. The type of tenure depends on how the title arose:[3]

  1. Unwritten udal title, while rare, does exist, for udal law did not require written title deeds.
  2. Recorded udal titles, as entered in the Sasine Register, provides proof by prescription for the purposes of the Prescription and Limitation (Scotland) Act 1973.[4]
  3. Some udal proprietors resigned their lands to the Crown in exchange for a grant of feudal title to the dominium utile, thus removing the land from udal law.
  4. Where some feu dispositions arose in quasi-feudal circumstances, such as sales under the right to buy legislation with respect to council houses, the terms of the relevant deed will govern which tenure applies.

The udal tenant held without charter by uninterrupted possession on payment to the Crown, the kirk, or a grantee from the Crown of a tribute called skat (Norwegian: skatt), now meaning "tax"; cognate with the English term scot, which referred to a similar payment), or without such payment, the latter right being more strictly the udal right. They were convertible into feus at the option of the udallers.[5] Succession law had unique traits, as the eldest son inherited the father's main residence, while the rest of the property was shared among siblings, daughters inheriting half as much as sons.[6]

Several significant aspects of udal law are not seen elsewhere in the UK:

  1. While in the rest of Britain ownership of land extends only to the high water mark (where the Crown is deemed to own what lies below it), in Orkney and Shetland it extends to the lowest astronomical tide.[7][8] This caused complications during the development of the North Sea oilfields, for builders of pipelines needed permission from the foreshore owners in order to proceed with their work.[9] Under the Land Registration etc. (Scotland) Act 2012,[10] entry of title onto the Land Register of Scotland must include a cadastral plan,[11] but the foreshore on such plans needs only to be drawn at the mean low water mark of ordinary spring tides.[12] Where udal title exists, an appropriate note must be inserted on the plan to indicate that title extends to the lowest ebb.[12]
  2. Swans, who are the property of the Crown elsewhere in the UK, are the property of the people in Orkney and Shetland.[13]

Modern land reform edit

The Abolition of Feudal Tenure etc. (Scotland) Act 2000 extinguished any remaining obligations to pay skat (ignoring whatever vestigial or forgotten laws not in effect), effective 28 November 2004.[3] In addition, the Land Registration (Scotland) Act 1979 (as amended by the Title Conditions (Scotland) Act 2003) provides that, as of 1 April 2003, first registration will be required on any transfer of an interest in udal tenure that had not previously been entered in the Land Register, as real rights can only be obtained by registration.[3]

See also edit

Further reading edit

  • Drever, W. P. (1900). "Udal Law". In Chisholm, J. (ed.). Green's Encyclopaedia of the Law of Scotland. Vol. XIII. Edinburgh: William Green & Sons. pp. 28–38.
  • Drever, W. P. (1904). "Udal Law and the Foreshore". The Juridical Review. 16: 189.(subscription required)
  • Jones, Michael R. H. (1996). (PDF). Shetland's Northern Links: Language & History. Edinburgh: Scottish Society for Northern Studies. pp. 186–204. ISBN 0-95059949-2. Archived from the original (PDF) on 17 October 2018.
  • Linklater, Eileen (2002). Udal Law - Past, Present and Future? (PDF) (LLB (Hons)). University of Strathclyde.
  • Ryder, Jane (1988). (PDF). Northern Studies. Edinburgh: Scottish Society for Northern Studies. 25: 1–20. Archived from the original (PDF) on 17 October 2018.
  • Lord Advocate v University of Aberdeen & Budge [1963] CSIH 1, 1963 SC 533, 1963 SLT 361 (2 August 1963)

References edit

  1. ^ Collegium Medievale 8.1 (1995, publ. 1996), 5-49 2007-06-23 at the Wayback Machine
  2. ^ "Orkney Guide Book: Udal Law". www.charles-tait.co.uk. from the original on 10 May 2020. Retrieved 11 March 2020.
  3. ^ a b c "Legal Manual - L32: Udal Tenure". Registers of Scotland. 21 July 2015. from the original on 18 April 2016. Retrieved 7 April 2016.
  4. ^ "Prescription and Limitation (Scotland) Act 1973", legislation.gov.uk, The National Archives, 1973 c. 52
  5. ^   One or more of the preceding sentences incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Udal". Encyclopædia Britannica. Vol. 27 (11th ed.). Cambridge University Press. p. 556.
  6. ^ . charles-tait.co.uk. 2002. Archived from the original on 10 February 2006.
  7. ^ "Wake Up Scotland!". udallaw.com. Shetland & Orkney Udal Law Group. from the original on 23 January 2005. Retrieved 29 December 2004.
  8. ^ (PDF). University of Dundee. 2002. Archived from the original on 24 February 2005.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  9. ^ "Norse landing". The Scotsman. 22 February 2003. from the original on 3 June 2016.
  10. ^ Land Registration etc. (Scotland) Act 2012, 2012 asp 5 2017-04-10 at the Wayback Machine
  11. ^ (PDF). Registers of Scotland. 17 June 2016. Archived from the original (PDF) on 17 March 2017. Retrieved 16 March 2017.
  12. ^ a b "Udal Law and the Foreshore in Orkney & Shetland". Registers of Scotland. 13 March 2017. from the original on 17 March 2017. Retrieved 16 March 2017.
  13. ^ "Sir Peter's taste for swan has him fall foul of law". The Scotsman. 19 March 2005. from the original on 25 July 2016.

External links edit

  • Anderson, Richard N.M. (2001). . orcadian.co.uk. Orcadian News Archives. Archived from the original on 14 June 2011.

December 19, 2023
udal, other, uses, udal, norse, derived, legal, system, found, shetland, orkney, scotland, manx, isle, closely, related, odelsrett, both, terms, from, proto, germanic, Ōþalan, meaning, heritage, inheritance, contents, history, description, modern, land, reform. For other uses see Udal Udal law is a Norse derived legal system found in Shetland and Orkney in Scotland and in Manx law 1 in the Isle of Man It is closely related to Odelsrett both terms are from Proto Germanic Ōthalan meaning heritage inheritance 2 Contents 1 History 2 Description 3 Modern land reform 4 See also 5 Further reading 6 References 7 External linksHistory editUdal law was codified by the Norwegian kings Magnus I and Magnus VI The Treaty of Perth transferred the Outer Hebrides and Isle of Man to Scots law while Norse law and rule still applied for Shetland and Orkney The courts of Scotland have intermittently acknowledged the supremacy of udal law in property cases up to the present day Major differences from Scots law include shore ownership rights important for pipelines and buried cables Udal law generally holds sway in Shetland and Orkney along with Scots law Description editNot all land in Shetland and Orkney can be described as falling under udal tenure The type of tenure depends on how the title arose 3 Unwritten udal title while rare does exist for udal law did not require written title deeds Recorded udal titles as entered in the Sasine Register provides proof by prescription for the purposes of the Prescription and Limitation Scotland Act 1973 4 Some udal proprietors resigned their lands to the Crown in exchange for a grant of feudal title to the dominium utile thus removing the land from udal law Where some feu dispositions arose in quasi feudal circumstances such as sales under the right to buy legislation with respect to council houses the terms of the relevant deed will govern which tenure applies The udal tenant held without charter by uninterrupted possession on payment to the Crown the kirk or a grantee from the Crown of a tribute called skat Norwegian skatt now meaning tax cognate with the English term scot which referred to a similar payment or without such payment the latter right being more strictly the udal right They were convertible into feus at the option of the udallers 5 Succession law had unique traits as the eldest son inherited the father s main residence while the rest of the property was shared among siblings daughters inheriting half as much as sons 6 Several significant aspects of udal law are not seen elsewhere in the UK While in the rest of Britain ownership of land extends only to the high water mark where the Crown is deemed to own what lies below it in Orkney and Shetland it extends to the lowest astronomical tide 7 8 This caused complications during the development of the North Sea oilfields for builders of pipelines needed permission from the foreshore owners in order to proceed with their work 9 Under the Land Registration etc Scotland Act 2012 10 entry of title onto the Land Register of Scotland must include a cadastral plan 11 but the foreshore on such plans needs only to be drawn at the mean low water mark of ordinary spring tides 12 Where udal title exists an appropriate note must be inserted on the plan to indicate that title extends to the lowest ebb 12 Swans who are the property of the Crown elsewhere in the UK are the property of the people in Orkney and Shetland 13 Modern land reform editThe Abolition of Feudal Tenure etc Scotland Act 2000 extinguished any remaining obligations to pay skat ignoring whatever vestigial or forgotten laws not in effect effective 28 November 2004 3 In addition the Land Registration Scotland Act 1979 as amended by the Title Conditions Scotland Act 2003 provides that as of 1 April 2003 first registration will be required on any transfer of an interest in udal tenure that had not previously been entered in the Land Register as real rights can only be obtained by registration 3 See also editNorn language Allodial title Ancient Norwegian property laws Odal rune Further reading editDrever W P 1900 Udal Law In Chisholm J ed Green s Encyclopaedia of the Law of Scotland Vol XIII Edinburgh William Green amp Sons pp 28 38 Drever W P 1904 Udal Law and the Foreshore The Juridical Review 16 189 subscription required Jones Michael R H 1996 Perceptions of Udal Law in Orkney and Shetland PDF Shetland s Northern Links Language amp History Edinburgh Scottish Society for Northern Studies pp 186 204 ISBN 0 95059949 2 Archived from the original PDF on 17 October 2018 Linklater Eileen 2002 Udal Law Past Present and Future PDF LLB Hons University of Strathclyde Ryder Jane 1988 Udal Law An Introduction PDF Northern Studies Edinburgh Scottish Society for Northern Studies 25 1 20 Archived from the original PDF on 17 October 2018 Lord Advocate v University of Aberdeen amp Budge 1963 CSIH 1 1963 SC 533 1963 SLT 361 2 August 1963 References edit Collegium Medievale 8 1 1995 publ 1996 5 49 Archived 2007 06 23 at the Wayback Machine Orkney Guide Book Udal Law www charles tait co uk Archived from the original on 10 May 2020 Retrieved 11 March 2020 a b c Legal Manual L32 Udal Tenure Registers of Scotland 21 July 2015 Archived from the original on 18 April 2016 Retrieved 7 April 2016 Prescription and Limitation Scotland Act 1973 legislation gov uk The National Archives 1973 c 52 nbsp One or more of the preceding sentences incorporates text from a publication now in the public domain Chisholm Hugh ed 1911 Udal Encyclopaedia Britannica Vol 27 11th ed Cambridge University Press p 556 Udal law charles tait co uk 2002 Archived from the original on 10 February 2006 Wake Up Scotland udallaw com Shetland amp Orkney Udal Law Group Archived from the original on 23 January 2005 Retrieved 29 December 2004 Research Summary Udal law and coastal property ownership PDF University of Dundee 2002 Archived from the original on 24 February 2005 a href Template Cite web html title Template Cite web cite web a CS1 maint bot original URL status unknown link Norse landing The Scotsman 22 February 2003 Archived from the original on 3 June 2016 Land Registration etc Scotland Act 2012 2012 asp 5 Archived 2017 04 10 at the Wayback Machine The cadastral map the land register and land covered by water PDF Registers of Scotland 17 June 2016 Archived from the original PDF on 17 March 2017 Retrieved 16 March 2017 a b Udal Law and the Foreshore in Orkney amp Shetland Registers of Scotland 13 March 2017 Archived from the original on 17 March 2017 Retrieved 16 March 2017 Sir Peter s taste for swan has him fall foul of law The Scotsman 19 March 2005 Archived from the original on 25 July 2016 External links editAnderson Richard N M 2001 What is the future for udal law orcadian co uk Orcadian News Archives Archived from the original on 14 June 2011 Retrieved from https en wikipedia org w index php title Udal law amp oldid 1163465303, wikipedia, wiki, book, books, library,

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