Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...

, tailzie () is a feudal concept of the

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offici ...

immovable property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or af ...

according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie". It was codified by the Entail Act 1685. Tailzie is similar to the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

concept of

fee tail In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...

, as the "heir in tailzie" is entailed to the property. An "heir in tailzie" could not sell the property so inherited, except to the feu superior (that is, to the holder of the '' dominum directum'' of the feu). Alternate spellings of the word are ''tailie'', ''taillie'', ''tailze'', ''tailyie'', ''tailye'', ''taylzie'', ''teally'', ''teilzie'', ''telyie'', ''teylyie'' ''tyle'', ''talyee''. It is derived from the Old French ''tailler'' (to cut) and ''taille'' (a cutting). The 'z' was until the simplification of printing to 26 characters a

yogh The letter yogh (ȝogh) ( ; Scots: ; Middle English: ) was used in Middle English and Older Scots, representing ''y'' () and various velar phonemes. It was derived from the Insular form of the letter ''g''. In Middle English writing, tailed ...

(''tailȝie'') and so is not sounded.

Additional explanations

The Entail Amendment Act 1848 gave all heirs in tailzie power to apply to 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 a ...

to cease the deed of tailzie, compensate respective claims, thus take estate possession in

fee simple In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., ...

. Part 5 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 disentailed all entailed land in

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...

and required the

Keeper of the Registers of Scotland , type = Non-ministerial government department , seal = , logo = Registers of Scotland logo.svg , logo_width = , logo_caption = , formed = , jurisdiction = Scotland , headquarters = Meadowbank House, 153 London Road, Edinburgh EH8 7A ...

to close the Register of Entails.

References

External links

Tuilyies, Fife Place-name Data
Scots law legal terminology {{Scotland-law-stub

Additional explanations

See also

References

External links