Subinfeudation never having been prohibited in Scotland, the feudal system is still (modified by the system of registration of deeds) the basis of the title to real property. The following are the leading principles of the system : —

1. All land is held primarily of the sovereign as superior. The vassals of the Crown may by subinfeudation be the superiors of others, these others may be superiors to others still, and so on ad infinitum. Each tenant is called the vassal of his immediate superior, and has no concern with any higher superior. The estate remaining in any superior is called the superiority. Practically its value consists in the feuduty (rent-service) paid by the vassal, and in the right to certain fines, called casualties, on alienation, or succession to the vassal's estate.

2. The title of every tenant (whether arising by grant, purchase, settlement, or inheritance) requires infeftment (livery of seisin) to make it complete. This infeftment proceeds on a warrant, called a "precept of sasine," granted either by the immediate superior, or by the vendor, and confirmed by the superior. In either case it implies in fact that the superior recognises the vassal's title, and the necessity of this recognition secures the superior, and the other vassals, from any invasion of their rights by the vassal selling or succeeding. But the superior cannot refuse to recognise the alienation when properly effected.

3. The precept of sasine is contained in the following deeds : —
a. When the superior grants an estate for the first time, it is contained in the deed of grant, called an original charter.
b. When a vassal conveys to another party, it is contained either in a "charter of resignation," which the superior grants to the new vassal, on the old vassal resigning the lands to him for that purpose (exactly as in surrender and admittance to copyholds), or in the vendor's disposition (conveyance), of
which a "charter of confirmation" is afterwards obtained from the superior. These charters on transmission are called "charters by progress."
c. When a vassal dies and his heir succeeds, it is contained in a "precept of clare constat," granted by the immediate superior, which sets forth that the heir's proximity has been clearly shown to the superior. Although he may grant this of his private knowledge, he is not bound to do so till the heir has
"served," i.e. proved his proximity before a judge. (See Service.)
d. In a few cases it is contained in the decree of Court by which the title of the party is established. In such cases the sasine taken must he confirmed by the superior, to put the party taking it in the situation of his vassal.

4. Till recently, infeftment or sasine, in obedience to the precept of sasine, was given on the land by symbolical delivery, and a deed was drawn up, called an Instrument of Sasine, which recited that it had been done. The actual ceremony is now abolished, but the deed may be used. It is ""recorded,"" i.e., registered in the General Register of Sasines.at Edinburgh, or in the Particular Register of Sasines in the county in which the estate is situated. This completes the tenant's title. The procedure is called "" making up titles,"" or 'entering with the superior.'' Sasines have priority according to the date of registration, not of execution, and this rule is not affected by notice of an unregistered sasine, though of earlier date. Thus the registers give complete information as to the person who at the moment has a good title to the estate.

5. Mortgages, styled in general "bonds and disposition in security," are regarded as strictly what their name and form import, viz., a covenant for repayment of the money borrowed, with a conveyaince of the lands in security of payment, redeemable by payment, but irredeemable in the event of sale under a power contained in the deed to that effect in default of payment. The deed is registered in the Register of Sasines, which makes it a charge upon the lands, and such deeds have preference according to priority of registration. The mortgage is transferred, transmitted, or extinguished by short entries in the same register. Thus every purchaser or incumbrancer has notice of all existing valid incumbrances, while the incumbrances never affect, legally or equitably (until a sale has actually taken place), the title to the estate itself. The title-deeds remain in the mortgagor's hands,
and a second or subsequent mortgage is (within the value of the estate) as easily obtained as a first.

6. Capital sums and rent-charges appointed as jointures, portions, &c., are secured in a similar manner, by the appointment being contained in a deed which is entered in the Register of Sasines. They then form a debt directly charged upon the lands, in whose hands soever they may be, and do not require the intervention of a term for their security. The changes introduced in this system by recent Statutes, consist in allowing registration of a deed of conveyance itself, instead of the instrument of sasine, to operate as infeftment and registration at once, in substituting short writs for precepts, &c. , and in allowing a subsequent deed to refer to the parcels, limitations, &c. contained in a prior registered deed, instead of repeating them.

Source: Kinnear, Digest of House of Lords cases (1865), pg. 364.