Property: Scottish Barony Register – 2022 annual report

Alastair K Shepherd WS, custodian of the Scottish Barony Register (“SBR”), has published the second annual report of the SBR, to give interested parties some idea of SBR activity during 2022. (Click here for the annual reports.) The following matters are reported on for 2022:

Baronies registered

Last year I published the annual registrations since the SBR opened in 2004. Registrations varied from 26 in 2019 to four in 2006. Last year (2021) there were 10 registrations; this year (2022) there were 13. This total constitutes a “good average” year for the SBR.

The 2022 registrations consisted of eight “new” registrations, and five assignations of already registered dignities.

The SBR now has 184 dignities registered, most being baronies. Many have changed hands at least once since the creation of the register.

Website

The website appears to have worked well in 2022, directing emails to the SBR from third parties, and providing basic information on the arcane world of Scottish baronies and the registration process to both solicitors and members of the public. I have made a few necessary tweaks over the course of the year.

Opinions and queries

I have issued no formal opinions this year, but have answered numerous basic queries from solicitors, and sometimes members of the public. “Crank” queries generated through the website are mercifully few.

Fees

As mentioned last year, fees have increased from 1 January 2023 to:

• First registration: £800
• Subsequent registration: £400
• Letter of comfort: £75
• Certificates of registration: £150

Bank account

This has worked well over the year, and is now entirely digital and managed from my mobile phone. Historic signatories have been removed.

Concerns

At least two registrations this year involved eiks to confirmation; in other words the barony interest was ignored/forgotten in the initial application for confirmation.

As practitioners familiar with the feudal system retire, it is likely that this will become more common. The danger of barony interests being overlooked in this way is probably higher with baronies that have stayed in the same family for a few generations. As more and more land is registered, the barony interest is more and more likely to be overlooked. Given the price of baronies on the open market, my concern is that solicitors are likely to be claimed against. Please think of the barony interest when applying for confirmation of, or registering, a substantial area of land.