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Legal Strategies for the Development and Protection of Communal Property$
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Ting Xu and Alison Clarke

Print publication date: 2018

Print ISBN-13: 9780197266380

Published to British Academy Scholarship Online: May 2019

DOI: 10.5871/bacad/9780197266380.001.0001

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Community Rights in Scots Property Law

Community Rights in Scots Property Law

(p.79) 5 Community Rights in Scots Property Law
Legal Strategies for the Development and Protection of Communal Property

Malcolm Combe

British Academy

Since the establishment of the Scottish Parliament by the Scotland Act 1998, Scottish legislators have embarked on a programme of community-oriented land reform to allow for redistribution of land to communities. Eligible community bodies have rights of acquisition of varying strengths under the Land Reform (Scotland) Act 2003, and will soon benefit from a further suite of rights as a result of the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016. The community approach that has been introduced to Scotland makes Scots law an interesting comparator for other land law regimes. This chapter explains the background to, the operation of and the future scope of such community rights in Scots property law.

Keywords:   land reform, redistribution, community, community right to buy, land law, community empowerment, Scots property law, Scots law, Land Reform (Scotland) Act, Scotland

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