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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.


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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Commentaries on the Laws of Scotland, and on the Principles of Mercantle Jurisprudence, Considered in Relation to Bankruptcy; Competitions of Creditors; and Imprisonment for Debt ... The Second Edition.

Commentaries on the Laws of Scotland, and on the Principles of Mercantle Jurisprudence, Considered in Relation to Bankruptcy; Competitions of Creditors; and Imprisonment for Debt ... The Second Edition.
Author: George Joseph BELL (Advocate.)
Publisher:
Total Pages: 682
Release: 1858
Genre:
ISBN:

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The Crown Estate in Scotland

The Crown Estate in Scotland
Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee
Publisher: The Stationery Office
Total Pages: 292
Release: 2012-03-19
Genre: Business & Economics
ISBN: 9780215042989

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This report examines the Crown Estate Commissioner's management of the Crown property, rights and interests which make up the Crown Estate in Scotland. The Commissioner's operations in Scotland can be split into two categories: ancient possessions/responsibilities and modern activities relating to the buying, selling and management of property and land. The evidence identified major issues, particularly in relation to the seabed and the foreshore: including lack of accountability, lack of communication and consultation with local communities, the inappropriateness of the Commissioner's remit for its responsibilities in the marine environment, the cash leakage from local economies and other adverse impacts. There were no such problems in relation to the management of urban and rural estate. The Commissioner's responsibilities for the seabed, the foreshore and other ancient rights in Scotland should be devolved then decentralized as far as possible. Devolution to Holyrood should be conditional upon agreement between the Secretary of State for Scotland and the Scottish Government on how such a scheme of subsidiarity to local authority and local community levels should be implemented. This report also sets out how different arrangements could be made for each of the Scottish Crown property rights and responsibilities. Further consultation should proceed on the basis of proposals set out by the Highlands and Islands local authorities, which provides a clear framework on which to base discussion.


Land and Community

Land and Community
Author: Matthew David Hoffman
Publisher:
Total Pages: 442
Release: 2011
Genre:
ISBN:

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This dissertation is comprised of four separate articles describing four separate studies, all of which deal with property rights and problems of collective action in land use. Each of the studies addresses the same central question: How can the problems associated with fragmenting a landscape into separate spheres of control be avoided while still maintaining a wide distribution of private rights? Two of the studies are about cooperation between private landowners, and two of them describe situations of shared ownership. The first, which was located in Vermont, uses a mail survey to answer the question of whether conservation on private land is impeded by problems of collective action. It also explores the question of whether the public planning process can be an effective means for citizens to overcome these problems. The second study deals with cooperation between private landowners in Norway. It describes how two seemingly contradictory imperatives-coordinating wildlife management across large areas, while keeping benefits and control in the hands of local resource users-are resolved through a nesting of management institutions; and it identifies some of the key factors, both structural and cultural, that contribute to the success of this system. The third study looks at land reform in Scotland, which, rather than breaking large estates into many small holdings, facilitates the transfer of land into community ownership. Using historical analysis and in-depth interviews with contemporary land reformers, this study explains why community ownership makes sense in rural Scotland today. The fourth study looks at the much older example of common property in Norway and offers those interested in Scottish land reform a glimpse at how well this type of ownership might meet their expectations. The study compares two similar Norwegian cases in order to understand whether community ownership makes a difference or whether it is sufficient for local users of the commons to have secure use-rights. A theme that emerges across all four of these studies is the significant and often unexpected role of the state.


The Governance of Common Property in the Pacific Region

The Governance of Common Property in the Pacific Region
Author: Peter Larmour
Publisher:
Total Pages: 223
Release: 2013
Genre: Commons
ISBN: 9781922144744

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In a region where mining, forestry, fish and other primary resources are so basic to income, employment and national prosperity, an understanding of rights to land, water and minerals is fundamental. Tenure regimes in the Asia-Pacific region are vastly more diverse and complex than in those of any other part of the world for comparable population numbers. These studies will overcome the simplistic misunderstandings that have obscured understanding in so many instances. This book provides an up-to-date overview of the main patterns of indigenous property rights, particularly those held by corporate groups, in the South Pacific Forum region (Australia, New Zealand and the independent Pacific island nations) plus a valuable comparative chapter on Canada. It explores the relative success and failure of a variety of approaches to the management of these complex systems, and offers insights and suggestions for the amelioration of present and likely future stresses in the systems. It is a valuable contribution to the understanding of both governance and property, and to the effective sociopolitical development of the region. - Ron Crocombe, Emeritus Professor, University of the South Pacific