ALERT - Most "titles" sold online are NOT legitimate. Read below for free guidance!
Scottish feudal baronies - Faq
Caveat: While the authors of feudaltitles.com are well-meaning, and have significant experience within this space, they are not solicitors/attorneys and the below should not be taken as legal advice. Any serious questions should be addressed to your own legal counsel.
Q: What is a Scottish feudal barony? What was it previously?
A: Also known as "prescriptive baronies by tenure," Scottish feudal baronies are the only genuine degree of UK nobility capable of being bought and sold.
Leftover remains of the old Scottish system of allodial tenure or "family-feudalism," baronies were previously estates in land held directly of the crown. While there are exceptions, most baronies were attached to ownership of specific land, termed the caput, and ownership was recorded in the General Register of Sasines.
As a result of the Abolition of Feudal Tenures 2004, feudal baronies were severed from their caputs - though the dignity of baron was specifically preserved. The effect of this was a changing from real property to incorporeal property which granted a "free-floating dignity."
Q: So, Scottish feudal baronies are actual, genuine titles of nobility? Really??
A: Yes. Ownership of a legitimate feudal barony grants the status of "minor baron or baroness" which is recognized, non-peerage title of dignity in the British honours system - ranked beneath knights but above esquires.
Q: Are Scottish feudal baronies recognized by The Crown?
A: Yes - through formal grant of a coat of arms from the Lord Lyon, Chief Herald of Scotland and the junior most Great Officer of State in Scotland. As barony transfers are no longer recorded in the Great Register of Sasines, the Lord Lyon has agreed to use inclusion within The Scottish Barony Register, as sufficient evidence of ownership and, thereby, jurisdiction to make a grant.
Q: What is The Scottish Barony Register? What is its role in this?
A: The Scottish Barony Register is a non-statutory register, established by members of the legal profession in Scotland following the passing of the Feudal Reform (Scotland) Act 2000. On 28 November 2004 Feudal Law was abolished in Scotland, and Barony titles could no longer be registered in the Scottish Land Registers. The Scottish Barony Register is a Company Limited by Guarantee, with the registered number SC276349.
There is no legal requirement to register a Barony title in the Register, but the Custodian checks the titles and documents presented to him very carefully, and this rigorous control maintains the integrity of the Register. The Custodian endeavours to apply the high standards of the Scottish Land Registers to ensure that the legal profession, and their clients, can rely on the information provided, and that the purchase and sale of Barony titles can be conducted properly and professionally.
Q: What armorial additaments should I expect if granted arms by Lord Lyon?
A: Unfortunately, not many. Inclusion of a baronial robe and chapeau ceased upon adoption of The Abolition of Feudal Tenures in 2004 - as both related to land ownership & management. Presently, the Lord Lyon allows for a helm befitting a baron's degree as the only visual representation of status.
Q: Who can buy or own a Scottish feudal barony?
A: Scottish feudal baronies were previously a form of real property - an estate in land with rights associated. As land in Scotland can be owned by anyone, regardless of citizenship, feudal baronies may be as well.
Q: What is the appropriate style, or form of address, for a Scottish feudal baron?
A: The full address would be, "The Much Honoured John Smith, Baron of X." If the owner has also been granted a territorial designation by Lord Lyon, this may be changed to "The Much Honoured John Smith of X, Baron of X." The preposition "of" MUST be included as omission would infer peerage status - which feudal barons do not enjoy.
A baron's wife receives the courtesy title of "Jane Smith, Baroness of X." The eldest son may be styled as "Younger of X" and any daughters "Miss Jane Smith of X."
Q: May women purchase or inherit a Scottish feudal barony?
A: Yes. Unlike most/all peerage titles, Scottish feudal baronies may be owned by anyone regardless of gender and can pass to female heirs. However, when a barony is owned by a female, a husband does not receive the courtesy title of "baron of X."
Q: Does purchase of a barony include ownership (right to occupy) any physical land?
A: No. Since the AFT 2004 came into force, Scottish baronies have been severed from their historical caput. As such, no land is transferred as part of the conveyance. However, we strongly encourage buyers to try to purchase the caput if it is available. The territorial designation associated with the barony cannot be granted by Lyon without substantial land ownership - typically 7 acres or more with a permanent residence.
Q: Is a barony the same thing as a lairdship?
A: No. A lairdship is not a "title" as such. It is a traditional name & style of a significant landholder which may be granted by Lord Lyon. A barony is established by Crown Charter and a recognized component of the British honours system.
There are a number of internet vendors who offer to sell lairdships along with souvenir plots of land. This is a scam not at all supported by Scottish law or tradition. Purchasing something from one of these vendors conveys neither a title/style nor land. You get nothing but a piece of paper and the opportunity to humiliate yourself before friends. Run. Don't walk.
