HISTORY

Registers are as old as history and form part of the national records of most countries. Inscriptions on ancient tombs are evidence that they were kept in Egypt as far back as 3,000BC. In Scotland, the registers were established seven centuries ago to give citizens the power and protection of having their rights recorded in an official register.

EARLY BEGINNINGS

FEUDAL SYSTEM

Land ownership in Scotland was originally based on the feudal system. The basic principle of this system, going back some 900 years was that apart from the Crown, nobody owned land absolutely but each proprietor held a subsidiary title to land, subject to certain conditions. The important element about any system of land tenure is evidence - evidence to support the claim of the person entitled to the land. In the early days of the feudal system this evidence was provided by the ceremony on the ground of  'giving sasine'. The word sasine being derived from the old French word 'seiser' meaning to seize. This ceremony was performed every time a feudal grant of land was made.

ANCIENT CEREMONY

In the ancient ceremony of 'giving sasine' dating back to the 15th century, the parties would meet with a number of witnesses on the site of the land being granted. The feudal superior would make a verbal grant of the land and hand over earth and stone as symbols of the land being transferred. This signified that the feudal superior was delivering possession. This was known as symbolic delivery which was essential to the ceremony of giving sasine. If the right was not of land, the token would be different, for example symbols given in a grant of salmon fishing rights were a net and cobble.

ABOLITION OF THE FEUDAL SYSTEM

The Abolition of Feudal Tenure, etc. (Scotland) Act 2000 was designed to modernise the system of land ownership. Feudal superiorities and most attendant rights, such as to collect feu duty were abolished with effect from 28 November 2004. In certain circumstances some rights relating to the use and management of property were preserved.

OFFICE OF THE KEEPER

Administering the registers was originally the responsibility of an officer of state known as the Lord Clerk Register. In 1928 this was discontinued and the duties transferred to the Keeper of the Registers and Records of Scotland. In 1948, the office was split into the Keeper of the Records of Scotland (preserving the records & registers) and the Keeper of the Registers of Scotland (compiling and maintaining the registers).