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.
Subinfeudation came to a complete stop, and whenever great family estates broke up the king obtained new tenants-in-chief.
SUBINFEUDATION, in English law, the practice by which tenants, holding land under the king or other superior lord, carved out in their turn by subletting or alienating a part of their lands new and distinct tenures.
Before the process of subinfeudation became prevalent, the most ancient manors were the districts which we call by that name when speaking of the tenants, or "townships" when we regard the inhabitants, or "parishes" as to matters ecclesiastical.
Land was held in free and common socage, and the statute quia emptores was suspended, thus allowing subinfeudation.
Every seignory now existing must have been created before the Statute of Quia Emptores (1290), which forbade the future creation of estates in fee-simple by subinfeudation.