Scottish National Dictionary (1700–)
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First published 1960 (SND Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.
HERITAGE, n. Also †heretage. Sc. Law:
1. The technical term for property in the form of land and houses, “because it passed to the heir on the owner's death” (Sc. 1946 A. D. Gibb Legal Terms 40). Cf. Conquest.Sc. 1706 Morison Decisions 5611:
The distinction betwixt heritage and conquest, being derived to us, from the Feudal Law and Norman Custom.Abd. 1748 Abd. Journal (15–22 March):
The Heretage belonging to the Daughters of Mrs Kinnear deceast, consisting of three convenient, well accomodated dwelling Houses, Garden and tail Yeard.Sc. 1754 Erskine Principles iii. viii. § 3:
But as, in no case, the legal succession of heritage is by the law of Scotland, divided into parts, unless where it descends to females, the defunct's immediate younger brother excludes the rest, according to the rule, heritage descends.Sc. 1874 Acts 37 and 38 Vict. c. 94 § 37:
The distinction between fees of heritage and fees of conquest is hereby abolished.Sc. 1956 Acts 4 and 5 Eliz. c. 60 § 6 (2):
Any lands and heritages consisting of one or more dwelling-houses or other non-industrial buildings, with any garden, yard, etc. . . . .
‡2. The possession of lands by heritable right. Now gen. only in the formula of a feu-charter as in 1891 quot.Sc. 1701 Lamont Papers (S.R.S.) 317:
[Lands] to be holden of the granter and his heirs male and successors, in feuferme and heritage.Sc. 1891 J. Craigie Conveyancing 38:
To be holden, the said subjects, of and under me and my heirs and successors, as immediate lawful superiors thereof, in feu-farm, fee, and heritage for ever.
