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Showing posts with the label enclosures

Scottish common ownership

Scotland has a tradition of common property rights. They include rights arising from commonties, grazing rights, peat-cutting rights, salmon rights, rights to use harbours and foreshore, mineral rights, sporting use rights, ownership rights, rights to usufruct, rights of access to resources and rights of passage over land and inland water. Commonty in Scots Law means; a piece of land in which two or more persons have a common right. A widespread example of such common property is living in a  tenement. Those who own or rent a flat also hold other parts of the property,  e.g. the stairs or close (and have its common responsibility - your turn to clean the stairs!) and access to the communal back-garden  It does not mean state-owned or public-land but could be parish/burgh land.

It is estimated that half the land area of Scotland was still common land in 1500. They provided areas of free access. It was not a "free for all" but their use was covered by sets of rules that w…