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 l ...

, tailzie () is a

feudal Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in Middle Ages, medieval Europe between the 9th and 15th centuries. Broadly defined, it was a wa ...

concept of the

inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...

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 affixe ...

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 The Entail Act 1685 (c 26) 2mo ed: c 22was an Act of the Parliament of Scotland. It was one of the Entail Acts. This Act was disapplied bsection 2of the Entail (Scotland) Act 1914. The whole Act was repealed bsections 76(2)of, anPart Iof S ...

. 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 omnipresen ...

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 ''Dominium directum et utile'' is a legal Latin term used to refer to the two separate estates in land that a fief was split into under feudal land tenure. This system is more commonly known as ''duplex dominium'' or double domain. This can be contr ...

'' 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 Language, Scots: ; Middle English: ) was used in Middle English and Older Scots, representing ''y'' () and various velar consonant , velar phonemes. It was derived from the Insular G, Insular form of the letter ...

(''tailȝie'') and so is not sounded.

Additional explanations

The

Entail Amendment Act 1848 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 ...

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 ...

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., perm ...

. Part 5 of the

Abolition of Feudal Tenure etc. (Scotland) Act 2000 The Abolition of Feudal Tenure etc. (Scotland) Act 2000 was a land reform enforced by an Act of the Scottish Parliament that was passed by the Scottish Parliament on 3 May 2000, and received Royal Assent on 9 June 2000. Provisions The Act off ...

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 the ...

and required the Keeper of the Registers of Scotland 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