Full Description
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.
Contents
Preface; Tables of Legislation; Table of Cases; 1 Origins and Definitions; 1.1 Historical origins of common good; 1.2 Types of burghs and commonties; 1.3 Burgh boundaries; 1.4 Benefactors - common good and trusts; 2 Statutory Framework; 2.1 Earlier statutory controls; 2.2 Local Government (Scotland) Act 1973; 2.3 Interaction of 1973 Act with later legislation; 2.4 Common good and burdens: impact of feudal reform; 3 The Administration of the Common Good; 3.1 Administration and delegation in local authorities; 3.2 Common good and community councils; 3.3 Common good and best value: use of common good funds; 3.4 Maintenance of common good properties; 4 Inalienable Common Good Property; 4.1 Moveable common good property and other rarities; 4.2 Murray and the three categories; 4.3 Use from time immemorial by the public; 4.4 Dedication for public use; 4.5 Common good nature arising from grant; 5 Classfication of Common Good Land; 5.1 When is burgh property part of the common good; 5.2 The Ruthin Castle case; 5.3 Case law following Ruthin Castle; 5.4 When is burgh property not common good?; 6 Appropriation, Alienation and Disposal of Common Good Land; 6.1 Appropriation, alienation and disposal; 6.2 Disposal of common good land; 6.3 Appropriation; 6.4 Alienations falling short of disposal or appropriation; 7 When Does 'a Question' Arise?; 7.1 The arising question and the court's discretion; 7.2 When does a question arise?; 7.3 When does a question not arise?; 8 Factors Involved in Allowing Disposal; 8.1 Pleading own neglect; 8.2 Prioritisation of limited funding; 8.3 Balance of convenience to the burgh residents; 8.4 No clear benefit; 8.5 Alienations; 9 Taking a Common Good Case to Court; 9.1 Petitions under section 75; 9.2 Other forms of action; 9.3 Advertisement; 9.4 Consultation; 9.5 Expenses; 10 Common Good and Community Empowerment; 10.1 Background to the 2015 Act 141; 10.2 Participation requests, community rights to buy and asset transfer requests; 10.3 Specific sections on common good in the 2015 Act 144; 10.4 Interaction of the 2015 Act with the 1973 Act 147; Appendix I: List of Burghs; Appendix II: Disposal, Appropriation and Alienation; Index.
