Further to the answer to question S1W-17763 by Mr Jim Wallace on 20 September 2001, what specific areas of Udal law are distinct from Scots…

The primary difference between Udal and Feudal land law is that Udal land is held outright by the owner and is not subject to any superior interest, including the Crown. This difference will be removed by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 which provides for the abolition of superior interests in Feudal land on the appointed day. Land will then be owned outright.Another distinguishing feature, is that under Udal law the foreshore in Orkney and Shetland is treated in the same way as land above the high water mark across the rest of Scotland. Consequently, it is possible for Udal titles to land to include the foreshore as property.Another distinctive feature of Udal land is that, unlike Feudal land, ownership may be transferred without the requirement of a written title. This difference will disappear once the Land Register becomes operational in Orkney and Shetland from 1 April 2003 as the Land Registration (Scotland) Act 1979 provides that an acquirer of Udal land will only obtain a real right to the land on registration.The payment of skat, which is considered to be a form of land tax, is an incident of Udal land law. It has not been competent to create new skats since 1974 and both skat and feuduty will be extinguished on the appointed day.