Terminology used in legal documents

[jillieh]

Hi

Trying to understand the following passage in the St. Andrews Deeds:

John Fairfull seised 11 December 1828 in an acre of arable land among the Prior Acres of St Andrews in the Territories called Easter and Wester Langlands under burden of 50 pounds to James Fairfull, his brother.  Disposition & settlement by Thomas Fairfull, land-labourer, his father. 6th December 1820.

Can anyone explain the 'under burden of'? Does this mean James owns the land or has some kind of interest/income from it, originally via their father Thomas? 50 pounds seems like rather a lot for just an income off of one acre??

Any help appreciated.

Jill

[diplodicus]

I think it means that the father gives title of the land on 11 December 1828 to John provided he pays £50 to James.

"Under burden ..." means "an obligation to pay ..."

[anne_p]

I found something similar in an ancestors will which was explained to me
I believe that your  entry is similar and refers to the ancient feudal system.


A £50 tack was paid to the landowner by the father for the term of the  land lease
On his death, the  remainder of the lease, and the tack was tranferred to son James.
For son John to take over the lease, he is required ( under burden) to repay James the original £50

[jillieh]

Thanks very much your help Diplodocus & annep5892.