Inter regalia (Scots law)
[6] In practice, the Crown can transfer ownership, lease or license these rights to other individuals, often at high value due to the commercial interests of salmon fishing.
[9] Historically, this right had been considered part of the regalia majora, and therefore could be exercised by the general public fishing in the territorial sea of Scotland.
In a piece of land subject to a separate tenement of port, no individual is permitted to use the foreshore without paying the relevant harbour fees.
The Scottish Government owned company Caledonian MacBrayne now operates the majority of ferry routes in Scotland.
[21] Where no historic grant of port or ferry from the Crown exists, there is nothing to preclude the Owner of the land adjacent to the water operating and charging for port or ferry facilities (except where the land concerned is the foreshore as this is subject to public rights of access under the regalia majora).
[22] A landowner in Scotland is not entitled to hold fairs or markets without an express grant of that right from the Crown.
[26] While not classed as capable of creating a separate legal tenement, it is recognised that the Crown has two rights to ownerless property in Scots law falling under the regalia minora.
[28] These are: Under Scots law, ownerless property is classed as bona vacantia (lit: vacant goods), and falls into the ownership of the Crown.
This is because the Scots law adoption of the principle that quod nullius est fit domini regis ("that which belongs to nobody becomes our lord the king's [or queen's]").
All property (both moveable or heritable) is liable to become bona vacantia, as the Scottish Law Commission note:"‘As a result of the discarding of litter, every day Her Majesty becomes the owner of countless items such as cigarette ends, crisp packets and chewing gum.’"[31]Moveable property is said to be abandoned after the expiration of the right of ownership by negative prescription.
[32] Tasked with administering the Crown's right to ownerless or bona vacantia property is the office of the Queen's and Lord Treasurer's Remembrancer ("the QLTR").
[44][45] In July 1958, a porpoise bone was found together with 28 other objects of silver alloy (12 brooches, seven bowls, a hanging bowl and other small metal work) underneath a stone slab marked with a cross on the floor of St. Ninian's Church on St. Ninian's Isle in Shetland.
A legal dispute arose over the ownership of the objects between the Crown on the one hand, represented in Scottish courts by the Lord Advocate, and the finder (the University of Aberdeen, which had carried out the archaeological excavation) as well as the landowner, Budge.
The Court of Session held that the bone should be regarded as treasure trove together with the silver objects and importantly belonged to the Crown.
However it may accept the recommendations of the Archaeological Panel and order that the museum taking ownership of the object should make an ex gratia payment to the finder.
The QLTR, in conjunction with the Procurator Fiscal Service, operates a National Ultimus Haeres Unit ("NUHU") based in Hamilton, South Lanarkshire to receive, process and investigate all unclaimed estates from individuals domiciled in Scotland.
