The ''inter regalia'' are the rights falling to the
Crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
(ie:
The King/Queen of Scots) in
Scots Property law Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South ...
. The term derives from
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''inter'' (among) and ''regalia'' (things of the king).
There are two classes of rights, divided into:
*''The regalia majora'' (major regalia), which are inseparable from the person of the sovereign.
*''The regalia minora'' (minor regalia), which may be conveyed to a subject.
The Regalia Majora
ection in Edit
The Regalia Minora
Under
feudal law
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
, which operated in Scotland from the
Davidian Revolution
The Davidian Revolution is a name given by many scholars to the changes which took place in the Kingdom of Scotland during the reign of David I (1124–1153). These included his foundation of burghs, implementation of the ideals of Gregorian ...
until 28 November 2004, all land in Scotland was originally owned by the
Crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
(ie:
The King/Queen of Scots of the time). Certain rights in the land, called the ''regalia minora'', could be reserved to the Crown when the Crown granted land to a Crown vassal. Today, following the
abolition of feudalism, any of the ''regalia minora'' that has not been expressly granted to the owner of land through previous grant or another individual as a separate legal tenement, still remains the property of the Crown under the ''Regalia Minora''.
Right to fish salmon
Termed by Gretton and Steven as the "most important legal separate tenement."
Riparian (Water) law is an area of Scots property law concerning the ownership of sections of rivers and their attached rights. However, despite any rights for fishing given to owners of the land under Scots riparian law, the Crown alone has the right to fish
salmon
Salmon () is the common name for several list of commercially important fish species, commercially important species of euryhaline ray-finned fish from the family (biology), family Salmonidae, which are native to tributary, tributaries of the ...
. In practice, the Crown can transfer ownership, lease or license these rights to other individuals, often at high value due to the commercial interests of salmon fishing. The holder of the right of ownership in the salmon-fishing rights is treated as a separate legal owner from the owner of the land,
as a separate legal tenement. Anyone fishing for
salmon
Salmon () is the common name for several list of commercially important fish species, commercially important species of euryhaline ray-finned fish from the family (biology), family Salmonidae, which are native to tributary, tributaries of the ...
without permission of the owner of the tenement (ie: the salmon fishing right) commits a
criminal offence
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
under th
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003
Right to shellfishing (mussels and oysters)
Historically, this right had been considered part of the ''regalia
majora'', and therefore could be exercised by the general public fishing in the
territorial sea
The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potenti ...
of Scotland. However, following ''Parker v Lord Advocate'', it has been established that the right of mussel gathering and right of oyster gathering are a separate legal tenement and are the property of the Crown if not expressly granted to the owner of the mussel-bed land''.'' The Crown's right to take mussels and right to take oysters is of continued relevance due to the commercial success of Scottish seafood''.'' The Crown, or a subsequent owner, can transfer these rights to the owner of the mussel-bed or another individual through a disposition. There are two alternatives to this option to obtain the right: (1) Obtaining the right of ownership of the tenement (shellfishing rights) through prescriptive possession The rationale for this tenement belonging to the Crown as ''regalia
minora'', and not held for the general public under the rights of ''regalia majora'', appears to be due to the risks incumbent with
overfishing
Overfishing is the removal of a species of fish (i.e. fishing) from a body of water at a rate greater than that the species can replenish its population naturally (i.e. the overexploitation of the fishery's existing fish stock), resulting in th ...
the sea-bed.
Right of port
The Crown has the right to operate
port
A port is a maritime facility comprising one or more wharves or loading areas, where ships load and discharge cargo and passengers. Although usually situated on a sea coast or estuary, ports can also be found far inland, such as Ham ...
s and
ferry services as separate tenements of the land, and this right continues to be held by the Crown except where the tenement has been granted to the owners of the land.
[Stair Memorial Encyclopaedia, Vol 18, Ch. 6, ''Water'', ''The Separate Tenements'', para 334.] Modern ports and harbours are now largely covered by
private legislation and the
Harbours, Docks and Piers Clauses Act 1847
The Harbours, Docks and Piers Clauses Act 1847 is an Act of Parliament of the United Kingdom which governs harbours, docks and piers.
Port police
The act allows two justices of the peace to swear in port police officers as "special constables" w ...
(c 27). However the underlying authority for (i.e.: the
deeds of) ownership for historic ports may still be in a separate legal tenement so the right of port is of continued relevance. In a piece of land subject to a separate tenement of port, no individual is permitted to use the foreshore without paying the relevant harbour fees. Where no historic grant of port from the Crown exists, there is nothing to preclude the Owner of the land adjacent to the water operating and charging for port facilities (except where the land concerned is the
foreshore
The intertidal zone, also known as the foreshore, is the area above water level at low tide and underwater at high tide (in other words, the area within the tidal range). This area can include several types of habitats with various species of ...
as this is subject to public rights of access under the regalia majora). In practice however, aspects of maritime law regulating ports will also be required to be complied with where an individual establishes a port. However, both the separate legal tenements of the right to port and right to ferry can be acquired by an individual either by express grant from the owner of the tenement, whether the Crown or the owner of the land, or by positive
prescription.
Right of ferry
The Crown has the right to operate
port
A port is a maritime facility comprising one or more wharves or loading areas, where ships load and discharge cargo and passengers. Although usually situated on a sea coast or estuary, ports can also be found far inland, such as Ham ...
s and
ferry services, and this right continues to be held by the Crown except where the tenement has been granted to owners of the land.
The Crown's right to ferry was often granted to royal burghs, as the Crown did not have the capacity to provide these services. An example of a Crown ferry can be seen at the River Forth, where
Queen Margaret established a ferry service between
North
North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating Direction (geometry), direction or geography.
Etymology
T ...
&
South
South is one of the cardinal directions or Points of the compass, compass points. The direction is the opposite of north and is perpendicular to both east and west.
Etymology
The word ''south'' comes from Old English ''sūþ'', from earlier Pro ...
Queensferry. While the Crown right of ferry still exists, bridges have often been constructed to replace traditional Crown ferry services, as was the case with the North & South Queensferry ferry after the opening of the
Forth Road Bridge
The Forth Road Bridge is a suspension bridge in east central Scotland. The bridge opened in 1964 and at the time was the longest suspension bridge in the world outside the United States. The bridge spans the Firth of Forth, connecting Edinbur ...
in 1964. The
Scottish Government owned company
Caledonian MacBrayne
Caledonian MacBrayne ( gd, Caledonian Mac a' Bhriuthainn), usually shortened to CalMac, is the major operator of passenger and vehicle ferries, and ferry services, between the mainland of Scotland and 22 of the major islands on Scotland's west ...
now operates the majority of
ferry routes in Scotland. In cases of land subject to a separate tenement of ferry, no individual may carry passengers as a ferry other than the Owner, their family, guests of the Owner and employees of the Owner. Where no historic grant of port or ferry from the Crown exists, there is nothing to preclude the Owner of the land adjacent to the water operating and charging for port or ferry facilities (except where the land concerned is the
foreshore
The intertidal zone, also known as the foreshore, is the area above water level at low tide and underwater at high tide (in other words, the area within the tidal range). This area can include several types of habitats with various species of ...
as this is subject to public rights of access under the regalia majora). In practice however, aspects of maritime law regulating ferries and other water-based public transport will also be required to be complied with where an individual establishes a ferry service. However, both the separate legal tenements of the right to port and right to ferry can be acquired by an individual either by express grant from the owner of the tenement, whether the Crown or the owner of the land, or by
prescriptive possession.
[Stair Memorial Encyclopaedia, Vol 18, ''Property'', Ch 6, ''Water, The Separate Tenements'', para 334.]
Right to mine gold and silver
Under the
Royal Mines Act 1424
The Royal Mines Act 1424 was an act of the Parliament of Scotland (1424 c. 12) stating that gold and silver mines containing ore above a certain value would belong to the king.
This made such mines '' inter regalia'' under Scots law (that is, ...
, the oldest Act still in force in Scots law, the Crown reserves all rights to mine
gold
Gold is a chemical element with the symbol Au (from la, aurum) and atomic number 79. This makes it one of the higher atomic number elements that occur naturally. It is a bright, slightly orange-yellow, dense, soft, malleable, and ductile met ...
or
silver
Silver is a chemical element with the Symbol (chemistry), symbol Ag (from the Latin ', derived from the Proto-Indo-European wikt:Reconstruction:Proto-Indo-European/h₂erǵ-, ''h₂erǵ'': "shiny" or "white") and atomic number 47. A soft, whi ...
under the ''inter regalia minora.'' Where the owner of the land does not also expressly own the tenement of mining rights, the Crown alone has the right to mine silver or gold. The owner of the land has a statutory right to obtain a grant of ownership from the Crown of the mining tenement, provided the owner pays to the Crown the value of 1/10th of all metal mined under th
Mines and Metals Act 1592
Right to hold fairs and markets
A landowner in Scotland is not entitled to hold fairs or markets without an express grant of that right from the Crown. This right is of little relevance in modern times, with fairs and markets largely being regulated in the first instance by
local government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
statute but its status as a right of the Crown under the ''regalia minora'' and as a separate tenement continues to be valid law.
Petroleum and Natural Gas
Under the
Petroleum Act 1998
The Petroleum Act 1998 is an Act of the Parliament of the United Kingdom which consolidated arrangements for the licensing, operation and abandonment of offshore installations and pipelines. As a consolidation Act, it did not change the substant ...
, and previously th
Petroleum (Production) Act 1934 all petrol and natural gas found in Scotland belongs to the Crown unless the right to the fuels in the strata had been expressly granted to the Owner of the land.
Right to Ownerless Property
While not classed as capable of creating a separate legal tenement, it is recognised that the Crown has two rights to ownerless property in Scots law falling under the ''regalia minora''. As part of the regalia minora, it may
alienate these rights so that another individual can take ownership. These are:
Bona Vacantia
Under Scots law, ownerless property is classed as ''
bona vacantia
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which e ...
'' (lit: vacant goods), and falls into the ownership of the Crown. Other jurisdictions employ similar concepts of ownerless property, see ''
bona vacantia
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which e ...
.'' This is because the Scots law adoption of the principle that ''quod nullius est fit domini regis ("that which belongs to nobody becomes our lord the king's
r queen's
R, or r, is the eighteenth Letter (alphabet), letter of the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabe ...
).''
All property (both moveable or heritable) is liable to become ''bona vacantia'', as the
Scottish Law Commission
The Scottish Law Commission is an advisory non-departmental public body of the Scottish Government. It was established in 1965 to keep Scots law under review and recommend necessary reforms to improve, simplify and update the country's legal sy ...
note:
"‘As a result of the discarding of litter, every day Her Majesty becomes the owner of countless items such as cigarette ends, crisp packets and chewing gum.’"
Moveable property is said to be abandoned after the expiration of the right of ownership by negative prescription. Heritable property cannot be abandoned.
Tasked with administering the Crown's right to ownerless or ''bona vacantia'' property is the office of the
Queen's and Lord Treasurer's Remembrancer
The King's and Lord Treasurer's Remembrancer is an officer in Scotland who represents the Crown's interests in ''bona vacantia'', ''ultimus haeres'' and treasure trove.
The K<R holds two offices, both instituted at the foundation of the Court ...
("the QLTR"). Today the QTLR operates under the direction of the Scottish Ministers
Public Revenue (Scotland) Act 1833 s.2), and is based in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
at the Scottish Government's Victoria Quay Building.
The QTLR's website can be found a
https://www.qltr.gov.uk The QLTR retains full discretion to "disclaim" (decline to exercise) the Crown's right to take ownership, in which case another party may instead take ownership by occupatio or positive prescription. Otherwise, the QLTR can waive the right to disclaim either expressly or by taking possession of the property. Where the Crown wishes to exercise their right, the QLTR issues a Royal Warrant – a command from the Sovereign, ordering the Keeper of the Registers of Scotland to transfer ownership to the Crown. The Keeper then issues a Deed of Gift under the
Cachet Seal.
A common case in which land falls to the Crown as ''bona vacantia'' is that where it has been owned by a company which is later dissolved (typically, a factory,
brownfield land
In urban planning, brownfield land is any previously developed land that is not currently in use. It may be potentially contaminated, but this is not required for the area to be considered brownfield. The term is also used to describe land prev ...
, or office buildings). Here, the QLTR can disclaim the Crown's right to such company assets by written notice. Where the QLTR elects to do so, any person having an interest in the land may apply to the courts for a transfer of ownership in their favour. Otherwise original acquisition by
occupatio
''Occupatio'' (occupation) was an original method of acquiring ownership of un-owned property (''res nullius'') by occupying with intent to own.
Roman legal writings on acquisition by ''occupatio''
Nicholas argues this is the "archetype" of a ...
(see above) is capable.
Treasure Trove
Other jurisdictions operate a concept of
treasure trove
A treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the hei ...
, in which certain classes of
treasure
Treasure (from la, thesaurus from Greek language ''thēsauros'', "treasure store") is a concentration of wealth — often originating from ancient history — that is considered lost and/or forgotten until rediscovered. Some jurisdictions leg ...
, such as
precious metal
Precious metals are rare, naturally occurring metallic chemical elements of high economic value.
Chemically, the precious metals tend to be less reactive than most elements (see noble metal). They are usually ductile and have a high lustre. ...
s, found within a state's territory falls to the state. Scots law does not make such a distinction, but still classifies any treasure as ''bona vacantia'' and therefore falls to the Crown. The law of treasure trove is therefore a sub-species of bona vacantia property.
The QLTR operates a Treasure Trove Unit, in conjunction with the
National Museum of Scotland
The National Museum of Scotland in Edinburgh, Scotland, was formed in 2006 with the merger of the new Museum of Scotland, with collections relating to Scottish antiquities, culture and history, and the adjacent Royal Scottish Museum (opened in ...
(NMS) in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
to receive, process and investigate all ownerless treasure and valuable objects found in Scotland. The QLTR and NMS produce guidance and codes of practice for treasure finders.
The Treasure Trove Unit (TTU) has its own website.
![St_Ninians_5947](https://upload.wikimedia.org/wikipedia/commons/7/73/St_Ninians_5947.JPG)
The most notable case concerning treasure trove is ''Lord Advocate v. University of Aberdeen'' and ''Budge'' (1963), also known as the ''St Ninian's Isle treasure'' case.
In July 1958, a
porpoise
Porpoises are a group of fully aquatic marine mammals, all of which are classified under the family Phocoenidae, parvorder Odontoceti (toothed whales). Although similar in appearance to dolphins, they are more closely related to narwhals an ...
bone was found together with 28 other objects of silver alloy (12
brooch
A brooch (, also ) is a decorative jewelry item designed to be attached to garments, often to fasten them together. It is usually made of metal, often silver or gold or some other material. Brooches are frequently decorated with vitreous enamel, ...
es, seven bowls, a hanging bowl and other small metal work) underneath a stone slab marked with a cross on the floor of St. Ninian's Church on
St. Ninian's Isle in
Shetland
Shetland, also called the Shetland Islands and formerly Zetland, is a subarctic archipelago in Scotland lying between Orkney, the Faroe Islands and Norway. It is the northernmost region of the United Kingdom.
The islands lie about to the no ...
. The objects were dated to c. AD 800. A legal dispute arose over the ownership of the objects between the Crown on the one hand, represented in Scottish courts by the
Lord Advocate
, body =
, insignia = Crest of the Kingdom of Scotland.svg
, insigniasize = 110px
, image = File:Official Portrait of Dorothy Bain QC.png
, incumbent = Dorothy Bain KC
, incumbentsince = 22 June 2021
, appointer = Monarch on the advice ...
, and the finder (the
University of Aberdeen
The University of Aberdeen ( sco, University o' 'Aiberdeen; abbreviated as ''Aberd.'' in List of post-nominal letters (United Kingdom), post-nominals; gd, Oilthigh Obar Dheathain) is a public university, public research university in Aberdeen, Sc ...
, which had carried out the archaeological excavation) as well as the landowner, Budge. The
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
held that the bone should be regarded as treasure trove together with the silver objects and importantly belonged to the Crown. However, there is academic controversy surrounding this decision.
The Crown is under no legal obligation to offer any rewards for treasure trove property it has claimed. However it may accept the recommendations of the Archaeological Panel and order that the museum taking ownership of the object should make an ''ex gratia'' payment to the finder. The size of the ''ex gratia payment'' is subject to various factors, such as the value of the object, any inappropriately handling of an object, any delays in reporting the find, damage to an object etc.
Wrecked Ships
Another distinction of ''bona vacantia'' is made in respect of
wrecked ships. Shipwrecks fall instead to HM
Receiver of Wreck
The Receiver of Wreck is an official who administers law dealing with maritime wrecks and salvage in some countries having a British administrative heritage. In the United Kingdom, the Receiver of Wreck is also appointed to retain the possession o ...
s.
Ultimus haeres
''Ultimus haeres'' (Latin for ''ultimate heir'') is a concept in Scots law where if a person in Scotland who dies without leaving a will (i.e. intestate) and has no blood relative who can be easily traced, the estate is claimed by the King's and L ...
Typically, where an individual dies without leaving a valid will, (i.e.: they die
''intestate'') their estate is distributed amongst surviving relatives under the Succession (Scotland) Act 1964. However, where the deceased leaves no surviving heirs, their estate (including any land) falls to the Crown as ''
ultimus haeres
''Ultimus haeres'' (Latin for ''ultimate heir'') is a concept in Scots law where if a person in Scotland who dies without leaving a will (i.e. intestate) and has no blood relative who can be easily traced, the estate is claimed by the King's and L ...
'' (the ultimate heir). The QLTR, in conjunction with the
Procurator Fiscal Service, operates a National Ultimus Haeres Unit ("NUHU") based in
Hamilton, South Lanarkshire
Hamilton ( sco, Hamiltoun; gd, Baile Hamaltan ) is a large town in South Lanarkshire, Scotland. It serves as the main administrative centre of the South Lanarkshire council area. It sits south-east of Glasgow, south-west of Edinburgh and nort ...
to receive, process and investigate all unclaimed estates from individuals domiciled in Scotland. There is no limit to inheritance in Scots law, and with the developments in
DNA testing
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
, an heir to the estate will typically be found; especially with the rise of professional genealogical search companies, informally termed ''
heir hunters
''Heir Hunters'' is a BBC television programme focusing on attempts to find missing or unknown heirs, entitled to deceased people's estates before the British Treasury lawfully collects the money. The show follows the work of probate researchers ...
.'' The heirs to an estate can then claim their legal right to the estate from the Crown. Any unclaimed estates after an exhaustive search are claimed by the Crown and the claimed estate is paid into the
Scottish Consolidated Fund
The Scottish Consolidated Fund is the main fund operated by the Scottish Parliament. It receives a block grant from the UK Parliament's Consolidated Fund plus the operational receipts of the Scottish Government. The fund operates under the Scotl ...
.
Historical Regalia Minora Rights
Historically, the following rights were considered part of the ''regalia minora'' but are now not considered so'':''
[Stair Memorial Encyclopaedia, Vol 18, ''Property'', para 210.]
* The right to fish for
white fish
* The right to hunt for
deer
Deer or true deer are hoofed ruminant mammals forming the family Cervidae. The two main groups of deer are the Cervinae, including the muntjac, the elk (wapiti), the red deer, and the fallow deer; and the Capreolinae, including the reindeer ...
* The right to kill
swan
Swans are birds of the family (biology), family Anatidae within the genus ''Cygnus''. The swans' closest relatives include the goose, geese and ducks. Swans are grouped with the closely related geese in the subfamily Anserinae where they form t ...
s
* The right to the
fortalices and castles of Scotland and the right to build
fortalices and castles.
See also
*
Monarchs of Scotland
The monarch of Scotland was the head of state of the Kingdom of Scotland. According to tradition, the first King of Scots was Kenneth I MacAlpin (), who founded the sovereign state, state in 843. Historically, the Kingdom of Scotland is thoug ...
*
Scots property law Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South ...
*
Crown Estate Scotland
Crown Estate Scotland ( gd, Oighreachd a' Chrùin Alba) is the public corporation of the Scottish Government responsible for the management of land and property in Scotland owned by the monarch 'in right of the Crown'. It devolved from the Cro ...
References
{{DEFAULTSORT:Inter Regalia (Scots Law)
Scots law legal terminology
Latin legal terminology
Scots property law