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. A General Register of Sasines was set up by Statute in 1617, with entry in the Register giving the prescriptive right (right by normal or correct usage), after so many years, to the caput or essence of the barony. The individual who owned the said piece of land containing the caput was hence the baron or baroness. Uncertainty over armorial right was removed by the Lyon Register being set up by Statute in 1672, such that no arms were to be borne in Scotland unless validly entered in Lyon Register. Up until 1874, each new baron was confirmed in his barony by the Crown by Charter of Confirmation. Up until 28 November 2004, a barony was an estate of land held directly of the Crown, or the Prince and Great Steward of Scotland. It was an essential element of a barony title that there existed a Crown Charter erecting the land into a barony, recorded in the Register of the Great Seal of Scotland. Often the original Charter was later lost, however an Official Extract has the same legal status as the original Charter.
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. In 1999, the devolved Scottish Parliament was established, and private law measures can now be passed at Holyrood, the seat of the Scottish Parliament in Edinburgh. Using a "prescriptive feudal grant" allowed developers to impose perpetual conditions affecting the land. The courts became willing to accept the validity of such obligations, which became known as "real burdens". In practical and commercial terms, these real burdens were like English leasehold tenure. The first Scottish Executive was committed to abolishing the feudal system. On 28 November 2004, the Abolition of Feudal Tenure etc. (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 of the Act, the dignity of baron is preserved after the abolition of the feudal system. However, the Abolition Act did end the ability to get feudal land privileges by inheriting or acquiring the caput (land or castle) in Scotland. 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. 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. 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).
Most baronies were created (erected) prior to 1745, but one was erected as late as 1824. Since the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into effect, the Lord Lyon, who is the Chief Herald of Scotland, has restored a more traditional form to the coat of arms of a baron. Barons are now identified by the helm befitting their degree. A new policy statement has been made by the Lord Lyon to this effect. The holder of the dignity of a barony may petition the Lord Lyon for a grant of arms, as he falls under the jurisdiction of the Lyon's Court. A policy statement has been made to this effect by the Lord Lyon. The Lyon Court has no jurisdiction in relation to the assignation, or legal transfer of, feudal titles.