S13.6 Types of Lease Tenure

Residential Or Domestic Leases

These are fairly rare, not least because feued property is more common, and historically provided a good source for the collection of dues (feuduty). By the terms of the Land Tenure Reform (Scotland) Act 1974, new Long Leases of Residential property are prohibited.

Leases of Use of Land

(i.) Mineral Leases.

 These are fairly rare, especially since the nationalisation of coal, but can still be found in respect of other types of mineral. Logically a mineral Lease could be considered to be regarded as a sale as the "subjects" are gradually removed by the tenant.

(ii.) Salmon fishing, or sporting right Leases.

 The Lease grants the rights as suggested by the above wording: it conveys an idea of a 'licence' but is traditionally accepted as a Lease for legal purposes.

Kindly Tenancy

A strictly local phenomenon found in Lochmaben in Dumfriesshire. It is a strange hybrid of tenancy and ownership under which the "tenants" have a potentially perpetual right along with an absolute right to sell, but can be removed if the rent is not paid.

 When eventually lodged in the Land Register, the effect will be to make the tenants proper owners and absorb them into the general system.

Tenancy At Will

More common than kindly tenancies, historically found in fishing and rural villages on the north-east coast, in highland villages and in a mining village in Lanarkshire. A recent court ruling, however, suggests that a Tenancy at Will can be formed anywhere in Scotland.

 It is an informal type of ground Lease where the tenant rents land from a landowner in order to build his own house, but is given no formal title and can be removed on non-payment of rent.