Fiar Definition

[castlebob]

Hello All,
I've come across the word 'fiar' in various late 17th C Scottish documents, usually in the following context:

1680 Will: Witnessed by John Armstrong, fiar of Over-Craige.

This isn't a typo as I've seen it recorded on many occasions. I've seen a number of definitions, but few explain its meaning satisfactorily in the context shown above. Is it simply the owner of the property? Any ideas?

Cheers,
Bob

[bart88]

Hello

I think a fiar is a person who owns a fee.

A fee definition - in legalese.

Fee
Under the terms of a trust or through an appropriate conveyance a person known as a liferenter may be entitled to possess or use property (including land) temporarily during his lifetime only or for another specified period. However, once the liferent has terminated the property usually passes to the fiar, who is then entitled to full rights over the property. The rights of the property enjoyed by a fiar are known as the fee.

[castlebob]

That makes sense.
Many thanks,
Bob

[bart88]

It seems to me that the fiar seems to enjoy all the benefits of ownership, but perhaps they don't hold legal title?

I don't know.

[Forfarian]

It's quite common for someone to execute a deed, or make a will, leaving money or property in liferent to someone, and in fee to someone else. For example John Smith leaves his estate to his widow in liferent, and to his son in fee. Or John Smith buys a property and executes a deed giving his wife the liferent and his son the fee.

The liferenter is entitled to occupy the property, or to receive the income from the estate, until (s)he dies.

The son is the fiar.

So a fiar only gets legal title to the estate or property once the liferenter dies. And no, the fiar does not hold anything, or enjoy any benefits, until that time.

[Ian Nelson]

other examples based on ' feuar ' seen here
https://www.dsl.ac.uk/entry/snd/feuar

[Forfarian]

No, no, no, no! A feuar is not the same as a fiar, and a feu is not the same as a fee.

A feu is a type of land tenure. If you bought a house on land that was feued, you had to pay feu duty, which was a small annual payment to your feudal superior. A feuar is a person who occupies a feu and pays feu duty.

In the late 20th century feuars were given the option to buy out their feu by paying a lump sum, and I think most if not all feus have now been bought out.