Udal law facts for kids
Udal law is a special set of rules for owning land. It comes from the Norse people, also known as Vikings. You can find Udal law in Shetland and Orkney, which are islands in Scotland. It's also part of Manx law on the Isle of Man.
Udal law is similar to another old Norse idea called Odelsrett. Both words come from an ancient term meaning "heritage" or "inheritance."
History of Udal Law
Norse kings, like Magnus I and Magnus VI, wrote down the rules for Udal law a long time ago.
In 1266, a deal called the Treaty of Perth was made. This agreement meant that the Outer Hebrides and the Isle of Man started following Scots law. However, Shetland and Orkney continued to use Norse law, including Udal law.
Even today, courts in Scotland sometimes say that Udal law is more important for certain land issues. This is especially true for things like who owns the beach. This is very important for building pipelines or burying cables near the sea.
So, in Shetland and Orkney, both Udal law and Scots law are used together.
What is Udal Law?
Not all land in Shetland and Orkney is owned under Udal law. How land is owned depends on its history.
- Old Udal Ownership: Some land has an unwritten Udal title. This means there are no paper documents. Udal law didn't always need written proof of ownership.
- Recorded Udal Ownership: Other Udal land titles are written down in a special book called the Sasine Register. This record helps prove who owns the land.
- Changed Ownership: Some Udal owners gave their land to the King or Queen. In return, they got a different type of land ownership called a feudal title. This changed the land from Udal law to feudal law.
- Newer Sales: When homes like council houses were sold under "right to buy" rules, the agreement for the sale decides what kind of ownership applies.
Under Udal law, a person owned land without a special document. They just had to possess it without anyone stopping them. Sometimes, they paid a tribute called skat (which means "tax" in Norse) to the King or Queen or the church. If they didn't pay skat, it was called a "pure" Udal right. Owners could also choose to change their Udal land into a feudal type of ownership.
The rules for who inherited property were also special. The oldest son usually got the family's main home. The rest of the property was shared among all the children. Daughters inherited half as much as sons.
Unique Parts of Udal Law
Udal law has a few unique features that you won't find in other parts of the UK:
- Beach Ownership: In most of Britain, the King or Queen owns the land below the high water mark (where the sea usually reaches at its highest). But in Orkney and Shetland, land ownership can go all the way down to the lowest astronomical tide. This is the lowest the sea ever gets. This rule was important when North Sea oil fields were developed. Companies building pipelines needed permission from the beach owners to lay their pipes.
* New laws require maps of land ownership. For Udal land, these maps must show that ownership extends to the lowest tide.
- Swans: In the rest of the UK, all Swans belong to the King or Queen. But in Orkney and Shetland, swans belong to the people.
Modern Changes to Udal Law
A law passed in 2000, called the Abolition of Feudal Tenure etc. (Scotland) Act, ended any remaining payments of skat from November 28, 2004.
Another law, the Land Registration (Scotland) Act 1979 (updated in 2003), made new rules. Since April 1, 2003, if Udal land is sold or transferred, its ownership must be officially recorded in the Land Register of Scotland. This is because real ownership rights are now only gained by being registered.
