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The Lord Lyon King of Arms now prefers the approach of recognizing the particular feudal noble dignity as expressed in the Crown Charter that the petitioner presents.Scotland has a distinct legal system within the United Kingdom.A General Register of Sasines was set up by Statute in 1617, with entry in the Register giving the prescriptive right (right by normal or correct usage), after so many years, to the caput or essence of the barony.The individual who owned the said piece of land containing the caput was hence the baron or baroness.Uncertainty over armorial right was removed by the Lyon Register being set up by Statute in 1672, such that no arms were to be borne in Scotland unless validly entered in Lyon Register.Up until 1874, each new baron was confirmed in his barony by the Crown by Charter of Confirmation.
On 28 November 2004, the Abolition of Feudal Tenure etc.In 1999, the devolved Scottish Parliament was established, and private law measures can now be passed at Holyrood, the seat of the Scottish Parliament in Edinburgh.Using a "prescriptive feudal grant" allowed developers to impose perpetual conditions affecting the land.(Scotland) Act 2000 came into full force and effect, putting an end to Scotland's feudal system.Under Scots law, a Scottish Prescriptive Barony by Tenure is now "incorporeal feudal heritage", not attached to the land and remains the only genuine, prescriptive, degree of title of UK nobility capable of being bought and sold – since under Section 63(1) of the Act, the dignity of baron is preserved after the abolition of the feudal system.
A "Scottish Prescriptive Barony by Tenure" was, from 1660 until 2004, the feudal description of the only genuine degree of title of UK nobility capable of being bought and sold (along with the caput, or property), rather than passing strictly by blood inheritance.