Explanatory Notes

Abolition of Feudal Tenure etc. (Scotland) Act 2000

2000 asp 5

14 July 2000

Explanatory Notes

Commentary on Sections

Part 6: Miscellaneous
Section 70:  Ownership of land by a firm

217.It is generally believed that a Scottish firm (i.e. a partnership) cannot own feudal property, even though the firm has a separate legal personality in Scots law. It is, however, generally accepted that a firm can own moveable property and can hold the right of a tenant under a lease.

218.Section 70 resolves any doubt as to the position of partnerships by making it clear that partnerships having a separate legal personality (as all Scottish partnerships have) can themselves own land.