Land Rights in Scotland

[chewse]

I've had an opportunity to visit Scotland once and was able to see Glasgow, Paisley, Edinburgh as well as some of the countryside from Edinburgh up to Inverness. The open countryside is very beautiful!

For whatever reason, I got to thinking about the land and the rights that go along with land ownership. Are the land rights similar to those in the USA where as you are able to purchase land secured through a title or deed or some other legal means? Can you own land in Scotland outright?

[davidg]

Can you own land in Scotland outright?

Yes, and we have what is called the "Land Registry", a government department, to keep tabs on the land and the title deeds

I think the legal distinction about "outright" is a little complex though, but I am not absolutely sure of the fine details. For example, there is no law of trespass in Scotland

[chrisupyonder]

You can buy any land you want. A lot of people buy a bare plot of land up here off local farmers etc. and build a house. You have to get planning permission to build. 1 acre of land, depending where it is with outline planning permission for a house can cost quite a bit.
Here is an example.

Roadside Plot, Barrock
Offers Over £35000

Set in an idyllic country location this large plot extends to approximately 100m x 80m with additional land available by separate negotiation. There are panoramic views across the open countryside. It has outline planning permission for the erection of a dwellinghouse and garage. There is mains water, electricity and telephone nearby. It will be the purchaser’s responsibility to install a private drainage system.

A plot in one of the towns, Thurso or Wick can cost up to £80000

Chris.

[Grizzly]

I think the legal distinction about "outright" is a little complex though, but I am not absolutely sure of the fine details. For example, there is no law of trespass in Scotland

For once a question that I am qualified to answer although I should quantify that by saying that my experience is in England and Wales Land Law, Scotland has its own laws.

Davidg is quite right in that there is no trespass law in Scotland, there is no trespass law in England either. The notice "TRESSPASSERS WILL BE PROSECUTED" is totally without foundation, it is not a criminal offence to walk on whomsovers land, it is a Civil matter and the only thing that you can be tried for is damage. so if your footsteps crushed some grass you could only be fined for the grass you damaged.

Land ownership is entirely feasible, as Davidg rightly says we have a Government organisation called the Land Registry. Since the 1990's any disposal of land had to be registered. land held before this time would be subject to what we call Title Deeds, that is a document drawn up by solicitors stating that the Title holder was the owner of land delineated and described within the Title Deed. Anyone claiming precedent would then have to provide documentary proof that their "Title" claim was greater. Even then someone could claim Adverse Possesionary Title which means that if they remain in occupation of the land for 11 years unchallenged then they could claim it by right. However this law has recently changed and paper title would no longer be granted only possessionary title.

The only difficulty that arises these days is that when landownership has been in the same family for generations it is sometimes difficult to prove beyond all doubt, as title deeds do get lost over the centuries, that the claimant to land actually owns it. In some cases early documents expressed land ownership as " all you can see from the top of so and so mountain. therefore boundaries are not that clear. In cases such as this the landowner would have to swear an Affi Davit that they were the owners of the land.

However this is in exceptional cases. As preiviously stated most land is registered these days and therefore the transfer of ownership is relatively straightforward.

Hope I havent made this sound too complicated.

[chewse]

Very interesting! Thank you all.

[cessna152towser]

Correct, since the abolition of the feudal system in 2004 it is now possible to own land outright in Scotland. Previously all land was held under a feudal heirarchy where it would be granted by the Crown to noblemen who in turn would grant it to vassals. Traditionally noblemen were required to provide military service to the Crown and vassals were required to provide a proportion of their crops to their Superior though in the early twentieth century all such "casualties" were commuted to money payments. Vassals, or Landowners were still subject to payment of feuduties to the Superior but since 1974 could "commute" these by paying to the Superior a sum of money such as would enable the Superior to buy Government bonds which would provide the equivalent income as the feuduty would have done. The Land Tenure Reform (Scotland) Act finally abolished feuduties and other Superiors' rights such as sporting rights and the right to enforce title conditions in 2004. Some title conditions may however continue where there is a neighbourhood amenity interest, for example if you had been permitted to build a house in the grounds of your Superior's castle, there could still be a title condition which prevented you turning your house into a business premises. Titles are nowadays recorded in the Scottish Land Register. As others have said these are subject to the Right to Roam - you cannot exclude people from walking on your land but you can claim the cost of repairs if they damage your property while doing so.

[chewse]

So in 2004, was there a big "land rush" of private ownership? For instance, a farmer who might have been leasing the land he worked from the original nobleman could now secure a mortgage and purchase the land (provided the nobleman would be willing to sell the land) with full ownership rights?

[cessna152towser]

So in 2004, was there a big "land rush" of private ownership? For instance, a farmer who might have been leasing the land he worked from the original nobleman could now secure a mortgage and purchase the land

No.
The feudal relationship of Superior and Feuar was different from Landlord and Tenant. The feuar, or vassal, was granted ownership of the land by his Superior subject to any title restrictions which the Superior may have imposed and subject to various other Superiors' rights, for example the right to hunt wild animals for sport on the vassal's land. The amount of feuduty payable was generally much less than a tenant would pay to a landlord in respect of rent. The feuar or vassal was generally able to sell his land to a replacement feuar or vassal without requiring the consent of his Superior.

[chewse]

Thanks! This really helps my understanding!

[madmacs]

It's worth mentioning here that some Titles were actually land rights until recently too... Hence they could be bought and sold... IIRC, the recent changes meant that if the deeds didmt actual mention the title it now isnt part of the property... Along with all sorts of other rights that might appear strange by todays standards...