http://www.lyon-court.com/lordlyon/616.html
The Lord Lyon has issued the following general guidance regarding Baronial Additaments and Territorial Designations:
Guidance regarding Baronial Additaments
Guidance has already been posted on this website as regards those who acquire baronies after “the appointed day” (28th November 2004), that is, the day when the Abolition of Feudal Tenure etc. (Scotland) Act 2000 came into force: namely, that such barons will be granted a helm appropriate to their degree, that is, to the dignity of baron, and will be recognised in the style of “baron of X”.
Barons who were granted a chapeau Gules or, it may be, a mantle before the appointed day may, of course, continue to display these additaments. Looking to history and heritage, it is proposed that those who succeed to such baronies after the appointed day as heirs should continue to enjoy a red chapeau as an appropriate additament, and also a mantle if that has been granted before.
Armigers formerly entitled to a chapeau Azure, or to supporters as representatives of baronial houses who had a seat in Parliament until 1587, continue to be so entitled.
Guidance regarding Baronial Officers
In view of the separation of quondam feudal baronies from both land and jurisdiction after the appointed day, it no longer seems appropriate to grant additaments to baronial officers, for example, baron bailies or baron sergeants, or to regard such appointments as being sufficient to bring the person so appointed within Lyon ’s jurisdiction.
Guidance regarding Territorial Designations
A territorial designation proclaims a relationship with a particular area of land. The classic case where a territorial designation is appropriate, where recognition is sought from the Lord Lyon in connection with a Petition for Arms or for change of name, is where there is ownership of a substantial area of land to which a well-attested name attaches, that is to say, ownership of an “estate”, or farm or, at the very least, a house with policies extending to five acres or thereby, outwith a burgh. In such a case recognition of a territorial designation should not present a problem. Nor should there be a difficulty when a new owner obtains possession of the named property. Difficulty may arise, however, when a new owner has bought property to which no generally recognised name attaches. In such a case some years of ownership under a suitable name would seem appropriate before a territorial designation can be recognised. In this last case there will usually be a residence on the property, or the possibility of obtaining planning permission for such a residence.
David Sellar
Lord Lyon King of Arms
5 January 2010