Land reform in Scotland facts for kids

Land reform in Scotland is about changing how land is owned, shared, and managed across the country. It's a continuous effort to update old laws and make sure land benefits everyone.

Why Land Reform is Important in Scotland

Scotland's land problems started a long time ago, especially in the Scottish Highlands, during the 1700s and 1800s.

• Enclosures: Landlords took control of common lands. These were areas that everyone in a community could use. Landlords made them their private property. This meant tenants could no longer use these lands.
• Highland Clearances: Many landlords forced farmers and their families off their land. They wanted to use the land for more profitable businesses, like sheep farming. Some people were moved to smaller, less fertile plots. Others had to leave Scotland because rents became too high. These events made many people feel very angry towards landlords.
• Land Ownership: Because of these changes, a few families ended up owning huge amounts of land. Even today, a small number of people own a very large part of Scotland's private land. Some say that about 432 families own half of it!

In 1886, a law called the Crofters' Holdings (Scotland) Act 1886 was passed. This law gave crofters (small farmers in the north and west of Scotland) more security. It meant they could stay on their crofts (small farms) more easily. Later laws have made it even harder for landlords to remove crofters.

Land reform in Scotland aims to make land ownership fairer by:

• Making sure people can access common land.
• Protecting the rights of tenants and small farmers.
• Helping small farmers and communities buy land from big landowners.

Changes by Government (1997–2007)

In 1997, the Labour government came to power in the UK. They promised to give Scotland more control over its own laws (this is called devolution). They also wanted to reform land ownership.

After the Scottish Parliament was created in 1999, land reform became a big focus. In 2000, the Scottish Land Fund was set up. It used money from the national lottery to help rural communities buy land.

Ending Old Feudal Laws

One of the first big changes was the Abolition of Feudal Tenure etc. (Scotland) Act 2000. This law ended Scotland's old feudal system of land ownership.

Before this, land ownership was like a pyramid. A "superior" owned the land, and a "vassal" held it from them. The vassal had to pay "feu duties" (regular payments) to the superior. This system was very old and complicated.

The 2000 Act changed this. Now, people who own land are outright owners. They don't have to pay feu duties anymore. This made land ownership much simpler. Other laws followed, like the Title Conditions (Scotland) Act 2003, which updated how rules and conditions are attached to land.

Important Laws of 2003

In 2003, two more important laws were passed: the Land Reform (Scotland) Act 2003 and the Agricultural Holdings (Scotland) Act.

The Land Reform (Scotland) Act had three main parts:

1. Access to Land: It made it a legal right for people to access most land and inland water in Scotland. This means you can walk, cycle, horse-ride, or even wild camp, as long as you do it responsibly. This is known as the "right to roam."
2. Community Right to Buy: This part allowed communities (up to 10,000 people) to register an interest in land. If the owner decided to sell, the community would have the first chance to buy it.
3. Crofting Community Right to Buy: This was special for crofting communities. It allowed them to buy crofts and land from landowners, even if the landowner didn't want to sell. This gave crofters more control over their land.

The Agricultural Holdings (Scotland) Act 2003 updated laws for farm tenants. It gave farmers new types of tenancy agreements. It also gave some farm tenants the right to buy the land they farmed.

Changes by Government (2007–Present)

In 2007, the Scottish National Party (SNP) formed a government. At first, they didn't do much on land reform. But after they won a majority in 2011, they made it a priority again.

In 2012, the Land Reform Review Group was set up. In 2013, the First Minister, Alex Salmond, announced a goal: to have 1 million acres of land owned by communities by 2020. The Review Group looked at how land reform could help communities. They wanted to make sure communities had a say in how land was owned and used. Their ideas led to new laws in 2015 and 2016.

Community Empowerment Act 2015

The Community Empowerment (Scotland) Act 2015 was a big step. It gave communities more power.

• Expanded Right to Buy: The Community Right to Buy was expanded. Now, communities of any size, even in cities, could use it.
• Right to Buy Neglected Land: This new right allowed communities to buy land that was abandoned, neglected, or causing harm to the environment. The community didn't need a willing seller for this. Scottish Ministers could make the landowner sell if it would help local development.
• Public Land and Buildings: Communities also got the right to ask to buy, lease, or manage land and buildings owned by local councils or other public bodies.
• Allotments: The Act also updated laws about allotments (small plots of land for gardening). It made it easier for people to get allotments and protected them more.

Land Reform Act 2016

The Land Reform (Scotland) Act 2016 was another important law. It created a new "Community Right to Buy for Sustainable Development."

• Buying for Sustainable Development: This allowed communities to buy privately owned land if it would help with "sustainable development" in the area. Like the crofting right, this didn't need a willing seller. Ministers could make landowners sell if the sale would help the community.
• Land Rights Statement: The Act also said that the Scottish Government must create a "Land Rights and Responsibilities Statement." This statement sets out the goals for land reform.
• Scottish Land Commission: A new body called the Scottish Land Commission was set up. Its job is to continue the land reform process and make plans for the future.
• Transparency: The Act also aimed to make it clearer who owns land. It required information about land owners to be put on the Land Register of Scotland.

The Act also brought new protections for tenant farmers. It made it harder for them to be evicted. It also gave them more rights compared to landowners.

Concerns About Land Reform

Not everyone agrees with land reform.

Concerns from Landowners

Some landowners, like the Duke of Roxburghe, have shared their worries. They believe that private ownership is more efficient. They also say it helps protect endangered species and brings other benefits.

The Duke of Roxburghe said that radical changes could harm businesses and farming. He felt it might stop young farmers from getting started.

Other landowners also opposed the 2016 Act. They worried that it would hurt their property rights. They felt it might stop land from being available to rent, which would affect tenant farmers.

Some landowners argue that owning large amounts of land is not a bad thing. They say it can lead to better management. They also feel that landowners are sometimes blamed for problems that are actually caused by local or national government.

Concerns from Others

Some legal experts and activists have also raised concerns about the land reform laws:

• Community Buyout Rules: They say the rules for communities to buy land are too strict. They believe it should be easier for communities to prove they would benefit from owning the land.
• Transparency: Some argue that the laws on transparency are too weak. They say it's still hard to find out who the real owner of land is. This is because owners can hide behind "shell companies" or companies based in other countries. Activists want to stop land ownership through offshore tax havens.

Community Focus

Land reform in Scotland is special because it really focuses on community ownership. The Scottish government wants communities to own more land. Most other land reforms around the world have focused on giving land to individual farmers. But in Scotland, the laws give a collective right to buy land to entire communities.

See also

• Scottish Land Court
• Lands Tribunal for Scotland
• Registers of Scotland
• Scottish Land Fund
• List of community buyouts in Scotland
• Right of public access to the wilderness
• Community ownership
• Community Land Scotland