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A General Register of Sasines was set up by Statute in 1617, with entry in the Register giving the prescriptive right (right by normal or correct usage), after so many years, to the caput or essence of the barony.
The individual who owned the said piece of land containing the caput was hence the baron or baroness.
The courts became willing to accept the validity of such obligations, which became known as "real burdens".
In practical and commercial terms, these real burdens were like English leasehold tenure.
Uncertainty over armorial right was removed by the Lyon Register being set up by Statute in 1672, such that no arms were to be borne in Scotland unless validly entered in Lyon Register.
Unlike all other barons in Scotland, the lawful possessor of the stick is the Baron of the Bachuil, regardless of landholdings.In 1999, the devolved Scottish Parliament was established, and private law measures can now be passed at Holyrood, the seat of the Scottish Parliament in Edinburgh.Using a "prescriptive feudal grant" allowed developers to impose perpetual conditions affecting the land.The first Scottish Executive was committed to abolishing the anachronism of the feudal system.On 28 November 2004, the Abolition of Feudal Tenure etc.
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In America, it passes with the barony as a fee simple appurtenance to an otherwise incorporeal hereditament, the barony being treated like a landowning corporation.