Udal law is aNorse-derivedlegal system, found inShetland andOrkney inScotland, and inManx law[1] in theIsle of Man. It is closely related toOdelsrett; both terms are fromProto-Germanic*Ōþalan, meaning "heritage; inheritance".[2]
Udal law was codified by the Norwegian kingsMagnus I andMagnus VI. TheTreaty of Perth transferred theOuter Hebrides andIsle of Man toScots law, while Norse law and rule still applied forShetland andOrkney.
Thecourts of Scotland have intermittently acknowledged the supremacy of udal law in property cases up to the present day. Major differences from Scots law include shore ownership rights, important forpipelines and buriedcables.
Udal law generally holds sway in Shetland and Orkney, along withScots law.
| Udal Tenure Act 1690 | |
|---|---|
| Act of Parliament | |
.svg) | |
| Long title | Act in favours of the small vassalls of Kirklands who now hold of their Majesties. |
| Citation | April c. 61 |
| Dates | |
| Royal assent | 19 July 1690 |
| Other legislation | |
| Repealed by | |
Status: Repealed | |
Not all land in Shetland and Orkney can be described as falling under udal tenure. The type of tenure depends on how the title arose:[3]
The udal tenant held without charter by uninterrupted possession on payment to the Crown, thekirk, or a grantee from the Crown of atribute called skat (Norwegian:skatt), now meaning "tax". This is cognate with the English termscot, which referred to a similar payment), or without such payment, the latter right being more strictly the udal right. They were convertible intofeus at the option of the udallers.[5]Succession law had unique traits, as the eldest son inherited the father's main residence, while the rest of the property was shared among siblings, daughters inheriting half as much as sons.[6]
Several significant aspects of udal law are not seen elsewhere in the UK:
TheAbolition of Feudal Tenure etc. (Scotland) Act 2000 extinguished any remaining obligations to pay skat (ignoring whatever vestigial or forgotten laws not in effect), effective 28 November 2004.[3] In addition, theLand Registration (Scotland) Act 1979 (as amended by theTitle Conditions (Scotland) Act 2003) provides that, as of 1 April 2003, first registration will be required on any transfer of an interest in udal tenure that had not previously been entered in theLand Register, as real rights can only be obtained by registration.[3]
One or more of the preceding sentences incorporates text from a publication now in thepublic domain: Chisholm, Hugh, ed. (1911). "Udal".Encyclopædia Britannica. Vol. 27 (11th ed.). Cambridge University Press. p. 556.{{cite web}}: CS1 maint: bot: original URL status unknown (link)