Define: Feu Duty

Feu Duty
Feu Duty
Quick Summary of Feu Duty

In Scottish law, feu duty is the annual rent paid by a tenant for a feu, also known as ground annual.

Full Definition Of Feu Duty

Feu duty, also referred to as ground annual, is the annual rent that a tenant pays to the owner of a feu (a piece of land in Scotland). For instance, if John leases a piece of land in Scotland to Sarah for 99 years, Sarah is obligated to pay John a feu duty of £500 per year as part of the lease agreement. This practice is common in Scotland, where land is frequently leased rather than sold outright.

Feu Duty FAQ'S

Feu duty is a legal term used in Scotland to refer to an annual payment made by the owner of a property to the superior, who is the person or entity that holds the superior interest in the land.

The owner of the property is responsible for paying feu duty to the superior.

Feu duty is typically calculated as a percentage of the value of the property or as a fixed amount determined by the terms of the feu charter.

Yes, the superior has the right to increase the feu duty, but any increase must be reasonable and in accordance with the terms of the feu charter.

Feu duty can be reduced or waived if both parties agree to it, but any such changes must be documented in writing and legally binding.

If feu duty is not paid, the superior may have the right to take legal action to recover the unpaid amount, which may include seeking a court order for payment or potentially terminating the feu charter.

Yes, feu duty can be transferred to a new owner if the property is sold or transferred. The new owner becomes responsible for paying the feu duty to the superior.

The amount of feu duty is usually determined by the terms of the original feu charter, but it may be possible to negotiate the amount with the superior if both parties agree to it.

Feu duty is generally not tax-deductible for the property owner, as it is considered a private obligation rather than a business expense.

Feu duty can be terminated if the terms of the feu charter allow for it, such as reaching a specified end date or if certain conditions are met. However, termination would require legal documentation and agreement between the parties involved.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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