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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10275
Experience:  30 years as a practising solicitor.
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If I made a statutory declaration, witnessed by a Notary/Solicitor,

Customer Question

If I made a statutory declaration, witnessed by a
Notary/Solicitor, to use the title Laird of Greenford after my
name for at least ten plus years in a peacefully way would I in
law by virtue of the Prescription & Limitation(Scotland)Act 1973
be able to attach this Lairdship title to my property deeds?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The answer is no.
‘Laird’ is not a title but a description applied by those living on and around an estate, many of whom will derive their living from it, to the principal landowner of a long-named area of land.
There is no law that would allow you to attach this to your property deeds.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Hi.

Thank you for your reply.

Would not a Prescriptive Easement achieve this if the use of the title was continuous,legal,unchallenged over a period of time and backed up by Statutory Declaration?

Expert:  JGM replied 2 years ago.
No, because:
(1) "laird" is not a title to start with so you can't make it one. See the website of the Lord Lyon, and
(2) in any event a title no longer passes with land. See section 63 of the Abolition of Feudal Tenure etc (Scotland) Act 2000
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10275
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

The Lyon Court has said a Lairdship title is outside its jurisdiction and would only rule if a grant of arms/territorial designation applies as it forms part of the Law of Name.

Statute 1672 cap.47 entitles each proprietor of a Scottish estate to add the name of his property to his surname and if he does this consistently (Prescription?)to treat the whole as a title and to subscribe himself so.

I understand what you mean that a Laird is not a title of nobility or a peerage but none the less Laird of Greenford would be a descriptive title associated with the landed estate. Looking at section 63, Abolition of Feudal Tenure etc(Scotland)Act 2000, it seems to cover Baroncey titles only as the land owned was given by the Crown. Thus would not a Lairdship title be outside the Act?

Your thoughts maybe.

Thanks.

Expert:  JGM replied 2 years ago.
The expression "laird" is not a title. If you want to call yourself a laird, you can do so but it won't run with or attach to any land in a legal sense. There is no mechanism to do so as regards ***** ***** Register of Scotland or the Register of Sasines.

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