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06-Mar-2020 09:19

Built in 1851 in the Scottish Baronial style by William Mitchell-Innes, then feudal baron of Ayton, to the design of James Gillespie Graham In Scotland, a baron is the head of a feudal barony, also known as a prescriptive barony.

This used to be attached to a particular piece of land on which was situated the caput (Latin for "head") or essence of the barony, normally a building, such as a castle or manor house.

A "Scottish Prescriptive Barony by Tenure" was, from 1660 until 2004, the feudal description of the only genuine degree of title of UK nobility capable of being bought and sold (along with the caput, or property), rather than passing strictly by blood inheritance.

Statutes of 1592 and the Baronetcy Warrants of King Charles I show the non-peerage Table of Precedence as: Baronets, Knights, Barons and Lairds, Esquire and Gentlemen.

(Scotland) Act 2000 came into full force and effect, putting an end to Scotland's feudal system.

Under Scots law, a Scottish Prescriptive Barony by Tenure is now "incorporeal feudal heritage", not attached to the land and remains the only genuine, prescriptive, degree of title of UK nobility capable of being bought and sold – since under Section 63(1) of the Act, the dignity of baron is preserved after the abolition of the feudal system.

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.

From the Treaty of Union of 1707 - until 1999 - a unified Parliament of Great Britain (since January, 1801, known as the Parliament of the United Kingdom), at Westminster, was responsible for passing legislation affecting private law both north and south of the Scottish border.

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However, the Abolition Act did end the ability to get feudal land privileges by inheriting or acquiring the caput (land or castle) in Scotland.

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In common law jurisdictions, land may still be owned and inherited through a barony if the land is titled in "the Baron of X" as baron rather than in the individual's name.

Accordingly, the owner of the piece of land containing the caput was called a baron (or baroness).