Specialist Topics

Teinds

Because they fall into the class of property known as ‘separate tenements’, teinds can, in principle, form an interest in land capable of registration in their own right. It is extremely unlikely, however, that an application to register a title to teinds alone will be received. Any such application should be immediately referred to Legal Services. The situation where a settler is most likely to encounter teinds is where they are included amongst the pertinents in a disposition of some other subjects. However, following the Church of Scotland (Property and Endowments) Act 1925, substantial changes to the law relating to teinds was made. The upshot of those changes is that teinds are now of virtually no significance.

The phrase ‘with teinds’ or ‘with teinds, so far as I have right thereto’ in a conveyance by a heritor is therefore of little or no value. Consequently, no attempt will be made to investigate whether or not the granter of the deed has a right to the teinds and no mention will be made of teinds in the title sheet.

End of Topic