ABSTRACT

The Scottish legal system is distinct within the United Kingdom. It has its roots in Roman law, it draws on learned writers in Scots Law, it uses case law but is less bound by precedent and once again has a Parliament within Scotland to refresh it with statutory reform. The Act abolished the feudal system of land tenure and incorporated land previously held under a feudal superior into system of simple, outright ownership. Feudal superiors lost their rights to collect feu duties and enforce most feudal real burdens. The Land Reform Policy Group considered the suitability of existing agricultural holdings legislation to deal with modern needs as part of its work. The Scottish Parliament and the Scottish Executive have used the extra legislative time available with the new Scottish Parliament creatively to completely update the system of Scottish land tenure, and develop solutions specifically tailored to Scottish needs in a way that would have been impossible with a single legislature.