Viewpoints: Baronies: the 2021 picture

This is the first annual report the SBR has attempted, the idea being to give interested parties some idea of SBR activity during 2021. I intend to publish it on the SBR website.

Eight “new” (not previously known to the SBR) baronies were registered in 2021, and two baronies known to the SBR were registered following assignation. These include one “Lordship” and one “Earldom”. 2021 was a relatively quiet year, but not the quietest. [A table of registrations per year shows a total of 215 since the SBR opened in late 2004, with annual totals ranging from four in 2006 to 26 in 2019, most years being in double figures.]

A new feature of the SBR is the website www.scottishbaronyregister.org. It appears to have worked well, directing emails to the SBR from third parties, and providing basic information on the registration process to both solicitors and members of the public.

Over the year, I have issued two opinions and answered numerous queries, mainly from existing or prospective barons via the website.

I was asked if a barony could be “extinguished” by me. The background was the death without issue of a baron whose family had held the barony in question since granted by Robert 1. I said I could not; that would be a Crown prerogative, but I did suggest an assignation to an offshore company that could be allowed to wither on the vine. An alternative would be to specifically exclude the dignity when conveying the estate in question to a third party. Clearly Registers of Scotland would ignore any such exclusion (or indeed inclusion), but the third party would find it hard to prove valid assignation of the dignity. Perhaps a unique case due to the family circumstances and I am unaware of any developments.

The second opinion related to a conjoined barony; in this case the interested party gave me clear evidence that the two baronies had originally been separately granted, and I saw no reason not to permit a registration of one of the baronies concerned. However I will treat any other requests on the merits of the case presented to me.

Currently a registration costs £700; a re-registration £350; a certificate of registration £100; and a letter of comfort £50. I do not intend to increase the fees in 2022 but will probably do so from 1 January 2023, and interested parties are therefore warned!

Certificates of registration are issued to barons on request and payment of the appropriate fee, and have proved reasonably popular although not mentioned on the website.

It occurs to me that an article in the Scottish legal press highlighting the existence of the SBR might be advantageous. It does concern me that barony titles are being missed during the executry process and in subsequent conveyancing. I would happily cooperate with any volunteer for this task. Any practitioners wishing to contact me can do so at custodian@scottishbaronyregister.org

Alistair K Shepherd WS, Custodian