feal and divot

• fail and divot

feal and divot (uncountable)

1. (Scotland, law) A predial servitude (a legal interest by a non-owner connected with a piece of land) that grants the dominant tenant the right to cut out portions of turf for the construction or repair of sod structures such as houses, fences, or roofs.
   • 1841, Prize-essays and Transactions of the Highland and Agricultural Society of Scotland:

     No doubt, the want of access by a good road, together with the circumstance of the lands and barony of Torrie, of which this property forms a part, being held in runrigg between the Master of Mortifications of Aberdeen and Mr Menzies of Pit-foddels, and a servitude of feal and divot, which existed over nearly one-third of the muir ground, in favour of the adjoining property of South Loirston, contributed in a great degree to retard the improvement of the land in this locality, notwithstanding its near vicinage to Aberdeen.

2. (Scotland) The construction technique for building sod structures by building walls out of feal and covering them with divot.
3. (Scotland) Sod that is used for construction.
   • 1825, James Mitchell, The Scotsman's Library; Being a Collection of Anecdotes and Facts, page 473:

     Feuars and tenants, likewise, had right to cut and carry off sod, called feal and divot, from the moors and commons, for building and roofing their cottages and hovels, and other purposes;