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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.
In Scotland, the practice has not been tested in a Court of Session case since the Act.
The first Scottish Executive was committed to abolishing the anachronism of the feudal system.
On 28 November 2004, the Abolition of Feudal Tenure etc.
After 28 November 2004 under Scots law, a Scottish barony, which was previously Scottish heritable property (real property), became incorporeal heritable property (not attached to the land).
Prior to the Act coming into effect, Scottish feudal baronies (including lordships and earldoms) were the only genuine title of UK nobility capable of being transferred following the sale of land containing a caput (or the sale of a feudal superiority).
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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.
What is possibly the oldest barony in Scotland, the Barony of the Bachuil, has not depended on land ownership for centuries; the barony passes along with the possession of a certain ancient stick, "The Bachuil Mór", which was once the bishop's staff of the Pictish Saint Moluag in the year 562.
Unlike all other barons in Scotland, the lawful possessor of the stick is the Baron of the Bachuil, regardless of landholdings.
The Lord Lyon King of Arms now prefers the approach of recognizing the particular feudal noble dignity as expressed in the Crown Charter that the petitioner presents.
Scotland has a distinct legal system within the United Kingdom.