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Common Land in Scotland

Common Land in Scotland
Author: Andy Wightman
Publisher: IIED
Total Pages: 28
Release: 2003
Genre: Commons
ISBN: 9781843694953

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Common Good Land in Scotland

Common Good Land in Scotland
Author: Andy Wightman
Publisher:
Total Pages: 66
Release: 2005
Genre: Commons
ISBN: 9780955193309

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A Pattern of Landownership in Scotland

A Pattern of Landownership in Scotland
Author: Robin Fraser Callander
Publisher: Haughend Publications
Total Pages: 164
Release: 1987
Genre: Business & Economics
ISBN:

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Contested Common Land

Contested Common Land
Author: Christopher P. Rodgers
Publisher: Routledge
Total Pages: 240
Release: 2012-08-06
Genre: History
ISBN: 1136537759

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This innovative and interdisciplinary book makes a major contribution to common pool resource studies. It offers a new perspective on the sustainable governance of common resources, grounded in contemporary and archival research on the common lands of England and Wales - an important common resource with multiple, and often conflicting, uses. It encompasses ecologically sensitive environments and landscapes, is an important agricultural resource and provides public access to the countryside for recreation. Contested Common Land brings together historical and contemporary legal scholarship to examine the environmental governance of common land from c.1600 to the present day. It uses four case studies to illustrate the challenges presented by the sustainable management of common property from an interdisciplinary perspective - from the Lake District, Yorkshire Dales, North Norfolk coast and the Cambrian Mountains. These demonstrate that cultural assumptions concerning the value of common land have changed across the centuries, with profound consequences for the law, land management, the legal expression of concepts of common 'property' rights and their exercise. The 'stakeholders' of today are the inheritors of this complex cultural legacy, and must negotiate diverse and sometimes conflicting objectives in their pursuit of a potentially unifying goal: a secure and sustainable future for the commons. The book also has considerable contemporary relevance, providing a timely contribution to discussion of strategies for the implementation of the Commons Act of 2006. The case studies position the new legislation in England and Wales within the wider context of institutional scholarship on the governance principles for successful common pool resource management, and the rejection of the 'tragedy of the commons'.


Common Land in Britain

Common Land in Britain
Author: Angus J L Winchester
Publisher: Boydell & Brewer
Total Pages: 330
Release: 2022-09-27
Genre:
ISBN: 1783277432

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The first authoritative survey of the history of common land in Great Britain from the medieval period to present day.


The Use and Management of Common Property in Land in Scotland

The Use and Management of Common Property in Land in Scotland
Author: Douglas Bain
Publisher:
Total Pages: 0
Release: 2014
Genre: Land tenure
ISBN:

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The development of the law in Scotland in respect of the co-ownership of property has been undermined by an early philosophical prejudice against the idea of co-ownership, coupled with the indiscriminate and imprecise use of language in the judgments of the courts, particularly in the Nineteenth Century. But nevertheless, co-ownership - an essential concept in the property law of any developed legal system - is a common, popular, and economically useful form of ownership, which may arise by accident or by design; and the law has accordingly been subject to periodic legal 'correction' by way of judicial fiat. Such corrections may have resolved particular questions in law, but they have left other questions unanswered and have also had the effect of posing new questions. In particular, the modern orthodoxy, which posits a binary structure of co-ownership in Scotland, is questionable and unhelpful. The law in respect of co-ownership has undeniably advanced in recent years, but there have also been missed opportunities. This thesis seeks to clarify the development of the understanding and articulation of the concept of co-ownership and its role in Scotland as a contribution to a better understanding of an important aspect of property law with continuing utility in legal development.


The Poor Had No Lawyers

The Poor Had No Lawyers
Author: Andy Wightman
Publisher: Birlinn
Total Pages: 361
Release: 2013-04-18
Genre: History
ISBN: 0857900765

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New and Updated Edition Who owns Scotland? How did they get it? What happened to all the common land in Scotland? Has the Scottish Parliament made any difference? Can we get our common good land back? In this book, Andy Wightman updates the statistics of landownership in Scotland and explores how and why landowners got their hands on the millions of acres of land that were once held in common. He tells the untold story of how Scotland's legal establishment and politicians managed to appropriate land through legal fixes. Have attempts to redistribute this power more equitably made any difference, and what are the full implications of the recent debt-fuelled housing bubble, the Smith Commission and the new Scottish Government's proposals on land reform? For all those with an interest in urban and rural land in Scotland, this updated edition of The Poor Had No Lawyers provides a fascinating analysis of one the most important political questions in Scotland.


Land Reform in Scotland

Land Reform in Scotland
Author: Malcolm Combe
Publisher: Scotland's Land
Total Pages: 0
Release: 2020
Genre: Land reform
ISBN: 9781474446853

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A stimulating rethink of contemporary land reform in Scotland from historical, legal, and socio-economic perspectives Land reform is as topical as ever in Scotland. Following the latest legislative development, the Land Reform (Scotland) Act 2016, there is a need for a comprehensive and comprehensible analysis of the history, developing framework and impact of Scottish land reform. Scholarly yet jargon-free, this landmark volume brings together leading researchers and commentators working in law, history and policy to analyse the past, present and future of Scottish land reform. It covers how Scotland's land is regulated, used and managed; why and how this has come to pass; and makes some suggestions as to the future of land reform. Key features: - Offers a holistic approach to land reform in Scotland; - Draws on case studies of land policies in the UK, mainland Europe and the USA to allow comparison and contextualisation of Scottish land reform with other models; - Examines the significance of right to property on the land reform process, and looks at how it is now being used as an impetus for economic and social rights reform; - Designed to suit individual academic specialisms, while still being accessible to readers across disciplines and professions. Malcolm M. Combe is a Senior Lecturer in law at the University of Strathclyde and non-practising solicitor Jayne Glass is a Land Use Policy Researcher at Scotland's Rural College (SRUC) and Honorary Lecturer at the University of Edinburgh Annie Tindley is a Senior Lecturer in modern British History at the Newcastle University


Common Good Law

Common Good Law
Author: Ferguson Andrew C. Ferguson
Publisher: Edinburgh University Press
Total Pages: 126
Release: 2020-01-10
Genre: Commons
ISBN: 1474477216

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Common Good Law is the only book to deal with this neglected area of Scots property law. The second edition includes discussion of the important recent case of Portobello Park Action Group Association and of the changes made by the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016.