Since the Conveyancing (Scotland) Act 1874, there is, however, not much distinction between burgage tenure and free holding.
Relief from forfeiture and rights of re-entry are now regulated chiefly by the Conveyancing Acts 1881 and 1882.
- English Law: Wolstenholme, Brinton and Cherry, Conveyancing and Settled Land Acts (London, 9th ed., 1905); Hood and Challis, Conveyancing and Settled Land Acts (London, 7th ed., 1909); Foa, on Landlord and Tenant (London, 4th ed., 1907); Woodfall, on Landlord and Tenant (London, 18th ed., 1907); Fawcett, Landlord and Tenant (London, 3rd ed., 1905).
The term is of less practical importance in t i tle English than in the Scottish system, where it held an important place in the practice of conveyancing, real property having been generally divided into feudal-holding and burgage-holding.
The Conveyancing Act 1881 provides that, as regards conveyances subsequent to 1881, unless a contrary intention is expressed, a lease of " land " is to be deemed to include all buildings, fixtures, easements, &c., appertaining to it; and, if there are houses or other buildings on the land demised, all out-houses, erections, &c., are to pass with the lease of the land.
The reason for the system preserving for so long its specifically distinct form in Scottish conveyancing was because burgage-holding was an exception to the system of subinfeudation which remained prevalent in Scotland when it was suppressed in England.