Registers of deeds
A deed is an agreement or other legal document that has been registered with a court. Historically many courts registered deeds. Deeds are among the most diverse and interesting records for family historians, but are often neglected due to a lack of finding aids. We hope that our index will help change that.
Types of deed
Tack
A tack (or assedation) was a contract between a proprietor and a tenant (or tacksman), granting the tacksman possession of the relevant lands for a defined period of years. In addition to the duration (usually 19 years or less, as tacks longer than 19 years could be assigned by the tacksman to another party), tacks contained a number of other stipulations relating to permitted uses of the property and other provisions. Most tacks were not registered, but there are over 1500 entries for tacks in our index.
Bond of caution
A bond of caution (pronounced kay-shin) is a form of surety. The grantee of a bond might seek a guarantee from a third party (a cautioner) that the granter would fulfil his or her obligation. This was commonly used to ensure that an estate (either on sequestration or death) was administered properly.
Indenture
An indenture is an agreement that one party will work for another party under defined terms and conditions. It was commonly used for apprenticeships.
Disposition and settlement
A means of transferring property, both real (heritable) and personal (moveable). It could be used to bypass the rules of primogeniture, under which the eldest son inherited heritable property (land and buildings).
Discharge
A discharge (or acquittance) is certification that an obligation has been completed. A discharge of a trustee for instance was proof that the trustee had carried out his duties properly, and provided protection against consequent claims against the trustee.
Deputation
A deputation was a deed authorising one party to act on behalf of another party.
Submission
A deed of submission was an agreement to refer a matter of dispute to binding arbitration by an agreed arbiter. The outcome of this process was a decreet arbitral.
Factory and commission
A factory was used to grant authority to another person or persons to act on the granter's behalf. This was often used when someone went abroad, allowing their business and property affairs to be handled in their absence.
Assignation
An assignation is the transfer of a right from the original right holder to another person (the assignee). Often used to transfer debts. The original granter of the right had to be informed by means of an intimation. Further onward transfer of a right from an assignee was known as a translation.
Will or codicil
Although most Scottish testamentary records will be found on Scotland's people, sometimes wills and codicils (supplements to wills) can be found among Registers of Deeds.
A tack (or assedation) was a contract between a proprietor and a tenant (or tacksman), granting the tacksman possession of the relevant lands for a defined period of years. In addition to the duration (usually 19 years or less, as tacks longer than 19 years could be assigned by the tacksman to another party), tacks contained a number of other stipulations relating to permitted uses of the property and other provisions. Most tacks were not registered, but there are over 1500 entries for tacks in our index.
Bond of caution
A bond of caution (pronounced kay-shin) is a form of surety. The grantee of a bond might seek a guarantee from a third party (a cautioner) that the granter would fulfil his or her obligation. This was commonly used to ensure that an estate (either on sequestration or death) was administered properly.
Indenture
An indenture is an agreement that one party will work for another party under defined terms and conditions. It was commonly used for apprenticeships.
Disposition and settlement
A means of transferring property, both real (heritable) and personal (moveable). It could be used to bypass the rules of primogeniture, under which the eldest son inherited heritable property (land and buildings).
Discharge
A discharge (or acquittance) is certification that an obligation has been completed. A discharge of a trustee for instance was proof that the trustee had carried out his duties properly, and provided protection against consequent claims against the trustee.
Deputation
A deputation was a deed authorising one party to act on behalf of another party.
Submission
A deed of submission was an agreement to refer a matter of dispute to binding arbitration by an agreed arbiter. The outcome of this process was a decreet arbitral.
Factory and commission
A factory was used to grant authority to another person or persons to act on the granter's behalf. This was often used when someone went abroad, allowing their business and property affairs to be handled in their absence.
Assignation
An assignation is the transfer of a right from the original right holder to another person (the assignee). Often used to transfer debts. The original granter of the right had to be informed by means of an intimation. Further onward transfer of a right from an assignee was known as a translation.
Will or codicil
Although most Scottish testamentary records will be found on Scotland's people, sometimes wills and codicils (supplements to wills) can be found among Registers of Deeds.
Coverage
This index contains over 25,000 entries, covering the following registers of deeds
- Cromarty Sheriff Court (1806-1931, NRS references SC24/15/1-2)
- Cupar Sheriff Court (1809-1900, NRS references SC20/34/1-54)
- Dingwall Sheriff Court (1794-1889, NRS references SC25/59/1-4)
- Dunblane Sheriff Court (1809-1902, NRS references SC44/59/5-10)
- Dunoon Sheriff Court (1809-1888, NRS references SC51/50/3-8)
- Haddington Sheriff Court (1809-1895, NRS references SC40/58/1-16)
- Linlithgow Sheriff Court (1809-1899, NRS references SC41/68/22-28)
- Moray Commissary Court (1785-1823, NRS references CC16/9/7-12)
- Paisley Sheriff Court (1809-1899, NRS references SC58/59/1-30)
- Stirling Sheriff Court (1809-1901, NRS references SC67/49/1-42)
- Tain Sheriff Court (1812-1884, NRS reference SC34/19/2/1)
indexes
Click on the following links to view our indexes to Registers of Deeds
