Scots Land?

In Scotland's feudal system of land tenure all rights of ownership are vested in the Crown as Paramount Superior. All rights of land ownership are deemed to derive from the Crown which is the ultimate owner in Scotland. However, it is hard to believe in an advanced industrialised democracy that a natural asset as basic as land can still be largely controlled by a small band of aristocrats. Yet in modern day Scotland a system of land ownership which is feudal and hierarchical has remained substantially intact since the 11th century. A mere 579 private landowners own 50 percent of all land north of the border, giving Scotland the narrowest concentration of land wealth in the whole of Europe. Even in industrialised parts of the area such as the "Mid-Scotland and Fife" EU parliamentary constituency, a small group of private landowners and aristocrats still control much of the land. The aristocrats of the houses of Argyll, Buccleuch, Home, Roxburghe, Stair, Airlie, Lothian, Montrose, Hamilton, Moray, Westminster, Burton, Cowdray, Dulverton and others still control about 13% of Scotland. The private ownership of land has allowed a tiny minority of people to control economic and social activity in Scotland, a small number of people are able to disproportionately influence the lives and environment of others.

Tom Johnston in his 1909 book Scotland’s Noble Families wrote: “Show the people that our Old Nobility is not noble, that its lands are stolen lands – stolen by either force or fraud; show people that the title-deeds are rapine, murder, massacre, cheating, or court harlotry; dissolve the halo of divinity that surrounds the hereditary title; let the people clearly understand that our present House of Lords is composed largely of descendants of successful pirates and rogues… A democracy ignorant of the past is not qualified either to analyse the present or to shape the future and so, in the interests of the High Priests of Politics and the Lordly Money-Changers of Society, great care has been taken to offer us stories of useless pageantry, chronicles of the birth and death of Kings, annals of Court intrigue and international war, while withheld from us were the real facts and narratives of moment, the loss of our ancient freedoms, the rape of our common lands and the shameless and dastardly methods by which a few selected stocks snatched the patrimony of the people."

He denounced the Scottish aristocracy on the grounds that three-quarters of them were descendants of foreign freebooters who forcibly took possession of our land after the Norman Conquest of 1066.

“Your land, eh?”, asks the miner.
“Yes”, replies the laird, “and my grouse and my deer.”
“And who did you get this land from?”
“Well, I inherited it from my father.”
“And who did he get it from?” the miner insists.
“He inherited it from his father, of course. The land has been in my family for over 400 years,” the laird proudly declared .
“OK, so how did your family come to own this land 400 years ago?” the miner asks.
“Well....actually.... they fought for it!”
“Fine,” replies the miner. “Take your jacket off and I’ll fight you now for it.”

If it was only that easy but the story demonstrates is not that all land is illegally held and so it can justify seizing land by force but that historically, legal and political systems have acknowledged rights to land on the basis that the ownership is already properly established. Historically, such claims can be relatively easily disputed and it is only the existence of an agreed code of law that prevents rival claims being entertained. Rights in land are entirely dependent for their legitimacy on the wider agreement of the society upon whose legal system such rights rest.

Professor Cosmo Innes (1798-1874), Advocate and Professor of Constitutional Law and History wrote in his Scotch Legal Antiquities,
“Looking over our country, the land held in common was of vast extent. In truth, the arable - the cultivated land of Scotland, the land early appropriated and held by charter - is a narrow strip on the river bank or beside the sea. The inland, the upland, the moor, the mountain were really not occupied at all for agricultural purposes, or served only to keep the poor and their cattle from starving. They were not thought of when charters were made and lands feudalised. Now as cultivation increased, the tendency in the agricultural mind was to occupy these wide commons, and our lawyers lent themselves to appropriate the poor man’s grazing to the neighbouring baron. They pointed to his charter with its clause of parts and pertinents, with its general clause of mosses and moors - clauses taken from the style book, not with any reference to the territory conveyed in that charter; and although the charter was hundreds of years old, and the lord had never possessed any of the common, when it came to be divided, the lord got the whole that was allocated to the estate, and the poor cottar none. The poor had no lawyers.”

Not only did the poor have no lawyers. They spoke no Latin either and were not in the habit of traveling to Edinburgh on a regular basis to examine the title deeds of the nobility. In Scotland, indeed in the whole of Britain, centuries of enclosure and eviction created a vast class of displaced people whose only recourse was to migrate to the industrial centres. This proved quite a convenient source of labour for the emerging industrial owners, who frequently converted their growing wealth into political power by purchasing land. This power was also reinforced through the provision of tied housing for their landless labourers.

Appealing to such concept as the "national heritage" allowed the Lords and lairds to insinuate their own histories and that of their families into that of the nation. They can present themselves not simply as the owners of appreciating economic assets, but as the "keepers of the nation's soul", the phrase used by the National Trust for Scotland. Scotland's lairds have sought to convert their own histories into that of the nation, so that, by implication, one cannot abolish one without the other. In recent years, landowners have also adapted their claim to authority not only based on their legal claim, but on the view that they are the proper managers - stewards - of Scotland's "natural heritage". It helps this claim that purchasers of land often view land as a means of consumption rather than production, that they have bought land for reasons of status conferment and consumption, rather than or as well as for its economic potential as a tradable commodity. In other words, they are making use of forms of what academics called cultural capital (rather than material/financial capital) to position themselves in the field. When they are most successful in doing this, management science conservationists have to work around and through them. They are involved in "objectifying" Scotland's natural heritage in such a way that assumes the rightness of the social order.

This "capture" of Scotland's heritage is an important weapon in class survival. The landowning establishment among Scotland's elite continue to have their links into financial and money-making circles, as well as considerable cultural power. The "mighty magnates" of 19th century Scotland - the men (and some women) who headed the great houses - were essentially a rentier rather than an entrepreneurial class, making their money from rents and investments. They were sufficiently astute to invest in the new industrial capitalism which ran Scotland economically and politically for so long, while being strongly represented on the boards of the major banks and finance houses. At the turn of the century, The Marquess of Linlithgow, for example, was a director of the Bank of Scotland, and Standard Life; the Duke of Buccleuch, of the Royal Bank, Standard Life and Scottish Equitable; the Earl of Mansfield, of the National Bank, and Scottish Equitable; and the Marquess of Tweeddale, of the Commercial Bank, Edinburgh Life, and Scottish Widows. Such hegemony has, of course, eroded significantly with the decline of indigenous Scottish capitalism and its replacement with multinational corporations. Nevertheless, the banks and finance houses still find it useful to have titled property represented on the board. Economic power in Scotland is an amalgam of old and new wealth, the individual and the corporate, the indigenous and the foreign, the private and the public. Commenting in the late 1970s, one journalist observed that Scotland's elites "all know each other - a tight circle of politicians, businessmen, civil servants, lawyers, trade unionists, churchmen, academics, and a nostalgic sprinkling of titled gentry" (C.Baur, The Scotsman, 18 September 1978).

The power and influence of thosed landed magnates has long been identified as one of the key features of landownership in Scotland. By and large there has been little movement in the Top Twenty chart of landowners in Scotland for more than a century. The mighty magnates of the 1990s such as the Duke of Buccleuch, the Duke of Argyll, the Farquharsons of Invercauld, the Duke of Westminster, the Earl of Seafield, the late Duke of Atholl, and the Countess of Sutherland owned great acreage in 1875, the last occasion when a comprehensive land register was compiled. The 1871 official enquiry into landownership in Britain was designed to show that land was far more equitably distributed than the radical critics of the day made out. What it actually revealed was a pattern of monopolistic than almost any other country in Europe. In 1872, the 1500 largest landowners in Scotland held over 90% of the country, a figure which had only dropped a percentage or two thirty years later. A small group of landowning families has remained relatively stable throughout the 19th and 20th centuries, and as such have witnessed the arrival and departure of various people who might fit more easily within any nominal notion of a capitalist class or business elite.
Those whose ownership of Highland estates has not been dependent upon old hereditary wealth or have been part of a traditional labouring aristocracy have been joined at various points throughout the 1990s by the nouveau riches such as Philip Rhodes the property developer, Ann Gloag owner of the Stagecoach bus company, Peter de Savaray, Malcolm Potier, Keith Schellenberg, Mohammed Al Fayed owner of Harrods, Professor Maruma the German spiritual artist, and Fred Olsen the Norwegian shipping magnate. Undoubtedly, the mighty magnates have also been joined in the 1990s by a number of corporate lairds and trusts such as the Bocardo Société Anonyme and Ross Estates Ltd, the Co-op Wholesale Society Ltd, Eagle Star, Gallagher Pensions Trust Ltd, Midland Bank, the John Muir Trust, the Scottish Wildlife Trust, the Church of Scotland and the Assynt Crofters Trust. The State itself through the Crown Estate, the Ministry of Defence, the Forestry Commission and Scottish Natural Heritage still owns vast tracts of land. Yet what is significant is not so much the decline and fall of a landed elite or a traditional aristocracy, or even the extent to which changing patterns of wealth behind estate ownership emerged, but rather the stability of landownership and in particular the enduring nature of Scotland's magnates and those members of a British aristocracy who own land in Scotland.

Scotland's landed class has to an astonishing degree survived almost a century of change. Survival strategies have included marrying into new money, setting up trusts, carving out a niche in the city, letting out sporting rights, promoting family and heritage and selling off fractions of the estate. Despite the cost of maintaining huge estates and crumbling castles, inheritance taxes, hostile governments, calls for land reform and public access to land, Scotland's magnates and those members of the British aristocracy who own land in Scotland remain remarkably resilient.

Take the reported exchange in the Westminster's voting lobbies between the Tory MPs Tim Sainsbury of the supermarket dynasty, and Nicholas Soames, a descendant of the Duke of ­Marlborough, when the latter was dressed in his hunting gear. “Going rat-catching, Nick?” asked Sainsbury, to which the noble Soames is said to have replied: “F**k off, you grocer. You don’t tell a gentleman how to dress on a Friday.”

The aristocracy may be in decline, but their fall is some way off yet !

Top 20 aristocratic landowners in Scotland 1995
Owner Acres
Duke of Buccleuch and Queensberry 261600
Capt AAC Farquharson of Invercauld 120500
Earl of Seafield 101000
Duke of Westminster 95100
Crown Estate Commissioners 94015
Countess of Sutherland 83239
Viscount Cowdray 76600
Sir Donald Cameron of Locheil 76000
Duke of Roxburghe 65600
Baroness Willoughby de Eresby 63200
Duke of Argyll 60800
John A Mackenzie of Gairloch 56900
Earl of Cawdor 56800
The Queen 55270
Marquess of Bute 53990
Sir Ivar Colquhoun of Luss 50000
Lord Burton 48000
Earl of Dalhousie 47200
Lady Anne Bentinck 45000
Earl of Stair 43674
Total 1,554,488
% of Scotland - top 20 aristocratic estates 8.01%
Total Acreage above 5000 acres owned by aristocracy 2,554,399
As a % of Scotland's total land mass 13.16%
http://www.scottishaffairs.org/backiss/pdfs/sa19/sa19_Jarvie_Jackson_and_Higgins.pdf

Scotland 19,068,631acres 100%
Urban 585,627 acres 3%
Rural 18,483,004 acres 97%

Of the rural land, 2, 275,768 acres are in the ownership of public bodies
and 16,207,236 are in the ownership of private bodies.
Of this privately-owned rural land:
One quarter is owned by 66 landowners in estates of 30,700 acres and larger
One third is owned by 120 landowners in estates of 21,000 acres and larger
One half is owned by 343 landowners in estates of 7,500 acres and larger
Two thirds is owned by 1252 landowners in estates of 1 ,200 acres and larger

Two thirds of Scotland is owned by one four thousandth (0.025%) of the people!
http://tipiglen.co.uk/property.html

REGION
Fife
325,865 area in acres
41 number of owners
111,300 acreage held by these owners
34.5% percentage of region
Central
666,007 area in acres
92 number of owners
331,336 area in acres
49.7% percentage of region
Tayside (part)
377,979 area in acres
23 number of owners
201,376 area in acres
53.3% percentage of region
http://www.caledonia.org.uk/land/documents/leonard.pdf