%{search_type} search results

• Intro
• EDITORS' PREFACE
• CONTENTS
• PART I: PROPERTY
• ROYAL MINES ACT 1424
• LEASES ACT 1449
• MINES AND METALS ACT 1592
• REGISTRATION ACT 1617
• REAL RIGHTS ACT 1693
• REGISTRATION OF LEASES (SCOTLAND) ACT 1857
• TRANSMISSION OF MOVEABLE PROPERTY (SCOTLAND) ACT 1862
• LAND REGISTERS (SCOTLAND) ACT 1868
• TITLES TO LAND CONSOLIDATION (SCOTLAND) ACT 1868
• CONVEYANCING (SCOTLAND) ACT 1874
• HERITABLE SECURITIES (SCOTLAND) ACT 1894
• CONVEYANCING (SCOTLAND) ACT 1924
• CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970
• PRESCRIPTION AND LIMITATION (SCOTLAND) ACT 1973

• LAND TENURE REFORM (SCOTLAND) ACT 1974
• LAND REGISTRATION (SCOTLAND) ACT 1979
• SALE OF GOODS ACT 1979
• MATRIMONIAL HOMES (FAMILY PROTECTION) (SCOTLAND) ACT 1981
• FAMILY LAW (SCOTLAND) ACT 1985
• COMPANIES ACT 1985
• LAW REFORM (MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1985
• INSOLVENCY ACT 1986
• REQUIREMENTS OF WRITING (SCOTLAND) ACT 1995
• CONTRACT (SCOTLAND) ACT 1997
• ABOLITION OF FEUDAL TENURE ETC (SCOTLAND) ACT 2000
• MORTGAGE RIGHTS (SCOTLAND) ACT 2001
• LAND REFORM (SCOTLAND) ACT 2003
• TITLE CONDITIONS (SCOTLAND) ACT 2003
• TENEMENTS (SCOTLAND) ACT 2004

• HOUSING (SCOTLAND) ACT 2006
• FAMILY LAW (SCOTLAND) ACT 2006
• COMPANIES ACT 2006
• BANKRUPTCY AND DILIGENCE ETC (SCOTLAND) ACT 2007
• LAND REGISTRATION ETC (SCOTLAND) ACT 2012
• LEGAL WRITINGS (COUNTERPARTS AND DELIVERY) (SCOTLAND)
• CONSUMER RIGHTS ACT 2015
• LAND REFORM (SCOTLAND) ACT 2016
• BANKRUPTCY (SCOTLAND) ACT 2016
• OTHER MATERIALS
• MATRIMONIAL HOMES (FORM OF CONSENT) (SCOTLAND)REGULATIONS 1982*
• TITLE CONDITIONS (SCOTLAND) ACT 2003 (CONSERVATION BODIES)
• TITLE CONDITIONS (SCOTLAND) ACT 2003 (RURAL HOUSING BODIES) ORDER 2004

• TENEMENTS (SCOTLAND) ACT 2004 (PRESCRIBED RISKS) ORDER 2007
• TITLE CONDITIONS (SCOTLAND) ACT 2003 (DEVELOPMENT MANAGEMENT SCHEME) ORDER 2009
• APPLICATIONS BY CREDITORS (PRE-ACTION REQUIREMENTS)(SCOTLAND) ORDER 2010
• LAND REGISTER RULES ETC (SCOTLAND) REGULATIONS 2014
• ELECTRONIC DOCUMENTS (SCOTLAND) REGULATIONS 2014
• EUROPEAN CONVENTION ON HUMAN RIGHTS
• PART II TRUSTS AND SUCCESSION
• ACT OF SEDERUNT OF 28 FEBRUARY 1662
• ACT ANENT EXECUTORS-CREDITORS
• TRUSTS (SCOTLAND) ACT 1921
• TRUSTS (SCOTLAND) ACT 1961
• WILLS ACT 1963
• SUCCESSION (SCOTLAND) ACT 1964 (1964, c 41)

• LAW REFORM (MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1966
• LAW REFORM (MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1968
• PRESUMPTION OF DEATH (SCOTLAND) ACT 1977
• FORFEITURE ACT 1982
• LAW REFORM (MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1990
• CIVIL PARTNERSHIP ACT 2004
• CHARITIES AND TRUSTEE INVESTMENT (SCOTLAND) ACT 2005
• FAMILY LAW (SCOTLAND) ACT 2006
• SUCCESSION (SCOTLAND) ACT 2016
• SUCCESSION (SCOTLAND) ACT 2016 (COMMENCEMENT, TRANSITIONAL AND SAVING PROVISIONS) REGULATIONS 2016
• INDEX OF STATUTES

This book brings together leading historians and writers on British and Irish rural history, to consider the role of the land agent, or estate manager, from c. 1700 to 1920. Land agents were an influential and powerful cadre of men, who managed both the day to day running and the overall policy direction of landed estates; as such, they occupy a controversial place in both academic historiography and popular memory in rural Britain and Ireland. But who were these men? It is this question the book seeks to unpack, re-framing the academic field, uncovering a neglected history and making a significant contribution to the historiography of rural Britain and the empire.
(source: Nielsen Book Data)

The ownership of Scotland's foreshore has been a matter of a prolonged controversy. In the past, the debate centered on whether the shore was owned by the Crown or by adjacent proprietors and on how, and by whom, Crown-owned foreshore should be managed. Scotland's Foreshore tells the story of the battle that took place during the nineteenth century and into the early twentieth century between the Crown and private proprietors over the ownership of the foreshore. Drawing on his expert knowledge of law and its evolution, MacAskill provides new and valuable insights into the foreshore controversy and the contest between proprietors and the Crown and he discusses the important issues as to the management of the foreshore, issues that culminated in responsibility for the management of Scotland's Crown-owned foreshore being devolved to the Scottish Parliament at a time when the question of land ownership is central to Scottish political debate.
(source: Nielsen Book Data)

'A superb book ... Anybody interested in Scottish history needs to read it' Andrew Marr, Sunday Times Eighteenth-century Scotland is famed for generating many of the enlightened ideas which helped to shape the modern world. But there was in the same period another side to the history of the nation. Many of Scotland's people were subjected to coercive and sometimes violent change, as traditional ways of life were overturned by the 'rational' exploitation of land use. The Scottish Clearances is a superb and highly original account of this sometimes terrible process, which changed the Lowland countryside forever, as it also did, more infamously, the old society of the Highlands. Based on a vast array of original sources, this pioneering book is the first to chart this tumultuous saga in one volume, with due attention to evictions and loss of land in both north and south of the Highland line. In the process, old myths are exploded and familiar assumptions undermined. With many fascinating details and the sense of an epic human story, The Scottish Clearances is an evocative memorial to all whose lives were irreparably changed in the interests of economic efficiency. This is a story of forced clearance, of the destruction of entire communities and of large-scale emigration. Some winners were able to adapt and exploit the new opportunities, but there were also others who lost everything. The clearances created the landscape of Scotland today, but it came at a huge price.
(source: Nielsen Book Data)

• Scotland's Foreshore; Copyright; Contents; Preface and Acknowledgements; Glossary of Legal Terms; 1 'A matter of prolonged controversy in Scotland'; 2 'Illegal encroachments of the Crown on the rights of proprietors'; 3 'A strange piece of legislation' and 'a Jesuitical paper'; 4 'One of the most prominent and assertive members'; 5 'A more favourable case to adopt could scarcely be obtained'; 6 'What remains in the Crown cannot be of great extent'; 7 'The proposals amount to the most bare-faced confiscation'; 8 'The Argyll influence in Tiree is paramount'

• 9 'A genuine opportunity to change the fabric of Scottish society'Envoi; Select Bibliography; Index.

The ownership of Scotland's foreshore has been a matter of a prolonged controversy. In the past, the debate centered on whether the shore was owned by the Crown or by adjacent proprietors and on how, and by whom, Crown-owned foreshore should be managed. Scotland's Foreshore tells the story of the battle that took place during the nineteenth century and into the early twentieth century between the Crown and private proprietors over the ownership of the foreshore. Drawing on his expert knowledge of law and its evolution, MacAskill provides new and valuable insights into the foreshore controversy and the contest between proprietors and the Crown and he discusses the important issues as to the management of the foreshore, issues that culminated in responsibility for the management of Scotland's Crown-owned foreshore being devolved to the Scottish Parliament at a time when the question of land ownership is central to Scottish political debate.
(source: Nielsen Book Data)

They would be better dead, they said, than set adrift upon the world. But set adrift they were - thousands of them, their communities destroyed, their homes demolished and burned. Such were the Sutherland Clearances, an extraordinary episode, involving the deliberate depopulation of much of a Scottish county. What was done in the course of that episode was planned and carried out by a small group of men and one woman. Most of those involved wrote a great deal about their actions, intentions and feelings, and much of it has been preserved. There are no equivalent collections of material from those whose communities ceased to exist. Their feelings and fears are harder to access, but they are by no means irrecoverable. In this book James Hunter tells the story of the Sutherland Clearances. His researches took him to archives in Scotland, England and Canada, to the now deserted straths of Sutherland, to the frozen shores of Hudson Bay. The result is a gripping, moving, definitive account of a people's struggle for survival in the face of tragedy and disaster which includes experiences which have not featured in any previous such account.
(source: Nielsen Book Data)

• Contents: Introduction-- Part I The Background: Agrarian change and rural social protest in Highland Scotland c.1700-1914-- Protest paradigms. Part II Highland Social Protest after
• 1914: Detail and Debates: Performing protest-- The geography of protest: regional and intra-regional perspectives-- Testing the protest paradigm. Part III Protesting Bodies Performing Tasks in Place and Space: Placing and anatomizing protest-- Spacing and dwelling-- performing protest's tasks in the crofting landscape-- Conclusions-- Bibliography-- Index.
• (source: Nielsen Book Data)

In November 1918, the implementation of agrarian change in the Scottish Highlands threatened another wave of unemployment and eviction for the land-working population, which led to widespread and varied social protest. Those who had been away on war service (and their families) faced returning to exactly the same social and economic conditions in the Scottish Highlands they had hoped they had left behind in the struggle to make 'a land fit for heroes'. Widespread and varied social protest rapidly followed. It argues that, previously, there has been a failure to capture fully the geography, chronology typology and rate of occurrence of these events. The book not only offers new insights and a greater understanding of what was happening in the Highlands in this period, but illustrates how a range of forms of protest were used which demand attention, not least for the fact that these events, unlike most of the earlier Land Wars period, were successful. There are functioning townships in the Highlands today that owe their existence to the land invasions of the 1920s. The book innovatively concentrates on formulating explanation and interpretation from within and looks to the crofting landscape as base, means and motive to disturbance and interpretation. It proposes that protest is much more convincingly understood as an expression of environmental ethics from 'the bottom up' coming increasingly into conflict with conservationist views expressed from 'the top down' It focuses on individual case studies in order to engage more convincingly with an important evidential base - that of popular memory of land disturbances - and to adopt a frame and lens through which to explore the fluid and contingent nature of protest performances. Based upon the belief that in the study of landscapes of social protest the old shibboleth of space as solely passive setting and symbolic register is no longer tenable is paid here to nature/culture interactions, to vernacular ecological beliefs and to the dynamic and formative role of landscape in people's lifespaces. It suggests reading and engaging with event as text in anticipation of revealing their fluid and contingent nature rather than, as has previously been done, imposing single master narratives. Critically, this book draws on oral testimony. The view taken here is that historical events are dynamic. While written, primary source material is nearly always static - recording only particular 'moments' of an incident - oral testimony captures different 'moments' of the same event and, if interwoven with the written archival material as here proposed, can only enrich our understanding.
(source: Nielsen Book Data)

• List of Maps viii List of Photographs ix List of Tables x Acknowledgements xi
• 1 Placing Possibility 1
• 2 Working Property 34
• 3 Working Nature 79
• 4 Working the Wind 127
• 5 Working Places 175
• 6 Conclusion
• Working Possibilities 214 References 227 Index 248.
• (source: Nielsen Book Data)

Through original research conducted in the Outer Hebrides, Scotland, Places of Possibility shows how community land ownership can open up the political, social, environmental, and economic terrain to more socially just and sustainable possibilities than private ownership. Reveals how community land ownership is more just and sustainable than private ownership Features original theoretical insights into ideas of property and nature that disrupt the process of neoliberalisation Based on original research conducted by the author in the Outer Hebrides, Scotland.
(source: Nielsen Book Data)

• Cover; Contents; Front Matter; Title Page; Publisher Information; Synopsis; Preface; Stories; An Emotive and Political Thing.; Rehearsal: The Eyes of the People.; The Growth of Resistance.; The Road to Glendale.; Braes and the Napier Commission.; The Land League Grows.; Crofters' Party, Crofters' Act.; The Mass Movement in Action.; The Movement Reforms.; A New Land League; War
• and the Promise of Land.; Avoid Lawyers, Continue Ploughing.; The Cat Stroked is Meek.; The Land for the People.; Further Reading.; Also Available.

Highland Resistance takes as its subject the record of land-centred (and by implication culture- and nationality- centred) conflict in the Highlands of Scotland during the two and a half centuries since the Jacobite rising of 1745. The book tells the story of anti-landlord agitation and direct-action land-raiding from the great sheep-drives in Sutherland at the end of the eighteenth century, on through the anti-eviction resistance that characterised the worst years of the notorious Clearances.

Who Owns Scotland? How did they get it? What happened to all the common land in Scotland? Has the Scottish Parliament made any difference? Can we get our common good land back? In The Poor Had No Lawyers, Andy Wightman, author of Who Owns Scotland, updates the statistics of landownership in Scotland and takes the reader on a voyage of discovery into Scotland's history to find out how and why landowners got their hands on the millions of acres of land that were once held in common. He tells the untold story of how Scotland's legal establishment and politicians managed to appropriate land through legal fixes. From Robert the Bruce to Willie Ross and from James V to Donald Dewar, land has conferred political and economic power. Have attempts to redistribute this power more equitably made any difference and what are the full implications of the recent debt fuelled housing bubble? For all those with an interest in urban and rural land in Scotland, The Poor Had No Lawyers provides a fascinating and illuminating analysis of one the most important political questions in Scotland - who owns Scotland and how did they get it?
(source: Nielsen Book Data)

• Contents: Preface-- Memory, history and museums-- The legacy of the clearances-- National and local museums: the structural environment-- Museum narratives of the clearances: themes and approaches-- Museum interpretations of the clearances: issues and strategies-- Museological development and narratives of the clearances-- The economics of clearance heritage-- The politics of clearance heritage-- Conclusion: the dynamics of clearance heritage-- Appendix-- Bibliography-- Index.
• (source: Nielsen Book Data)

There has been much academic interest in the role of museums as places where understanding of the past is shaped and legitimised for a wide and increasingly diverse public. This book focuses on the museum representations of the Highland Clearances - a much neglected aspect of one of the most disputed and politically-charged issues in modern Scottish history. Drawing together a range of inter-disciplinary themes and notions, it considers the cultural legacy of the period, brings to light the socially and historically conditioned meanings and values encapsulated in museum narratives of the Clearances, and shows the significance of collective memory in the negotiations inherent in heritage work. Examining both national and local museums in Scotland and concluding with comparisons with Australian museums of migration, Dynamics of Heritage contributes to our understanding of the processes of heritage construction, and its relationship to issues of memory and other modes of engagement with the past.
(source: Nielsen Book Data)

• Contents: Preface-- Memory, history and museums-- The legacy of the clearances-- National and local museums: the structural environment-- Museum narratives of the clearances: themes and approaches-- Museum interpretations of the clearances: issues and strategies-- Museological development and narratives of the clearances-- The economics of clearance heritage-- The politics of clearance heritage-- Conclusion: the dynamics of clearance heritage-- Appendix-- Bibliography-- Index.
• (source: Nielsen Book Data)

There has been much academic interest in the role of museums as places where understanding of the past is shaped and legitimised for a wide and increasingly diverse public. This book focuses on the museum representations of the Highland Clearances - a much neglected aspect of one of the most disputed and politically-charged issues in modern Scottish history. Drawing together a range of inter-disciplinary themes and notions, it considers the cultural legacy of the period, brings to light the socially and historically conditioned meanings and values encapsulated in museum narratives of the Clearances, and shows the significance of collective memory in the negotiations inherent in heritage work. Examining both national and local museums in Scotland and concluding with comparisons with Australian museums of migration, Dynamics of Heritage contributes to our understanding of the processes of heritage construction, and its relationship to issues of memory and other modes of engagement with the past.
(source: Nielsen Book Data)

• Part One: Land and People
• 1. Baronial courts in Scotland, 1150-1400
• 2. The perambulation of land
• 3. The development of 'trust in writing': written documents and seals in Scotland, 1100-1300 Part Two: Land and Law
• 4. Building and preserving a noble inheritance: the family of Strathearn, 1243-1332
• 5. Peasants, servitude and unfreedom in Scotland, 1100-1350 Conclusion: the concept of social space in medieval Scotland.
• (source: Nielsen Book Data)

This ambitious book examines the encounter between Gaels and Europeans in Scotland in the central Middle Ages, offering new insights into an important period in the formation of the Scots' national identity. It is based on a close reading of the texts of several thousand charters, indentures, brieves and other written sources that record the business conducted in royal and baronial courts across the length and breadth of the medieval kingdom between 1150 and 1400. Under the broad themes of land, law and people, this book explores how the customs, laws and traditions of the native inhabitants and those of incoming settlers interacted and influenced each other. Drawing on a range of theoretical and methodological approaches, the author places her subject matter firmly within the recent historiography of the British Isles and demonstrates how the experience of Scotland was both similar to, and a distinct manifestation of, a wider process of Europeanisation.
(source: Nielsen Book Data)

• Part One: Land and People
• 1. Baronial courts in Scotland, 1150-1400
• 2. The perambulation of land
• 3. The development of 'trust in writing': written documents and seals in Scotland, 1100-1300 Part Two: Land and Law
• 4. Building and preserving a noble inheritance: the family of Strathearn, 1243-1332
• 5. Peasants, servitude and unfreedom in Scotland, 1100-1350 Conclusion: the concept of social space in medieval Scotland.
• (source: Nielsen Book Data)

This ambitious book examines the encounter between Gaels and Europeans in Scotland in the central Middle Ages, offering new insights into an important period in the formation of the Scots' national identity. It is based on a close reading of the texts of several thousand charters, indentures, brieves and other written sources that record the business conducted in royal and baronial courts across the length and breadth of the medieval kingdom between 1150 and 1400. Under the broad themes of land, law and people, this book explores how the customs, laws and traditions of the native inhabitants and those of incoming settlers interacted and influenced each other. Drawing on a range of theoretical and methodological approaches, the author places her subject matter firmly within the recent historiography of the British Isles and demonstrates how the experience of Scotland was both similar to, and a distinct manifestation of, a wider process of Europeanisation.
(source: Nielsen Book Data)

Who Owns Scotland? How did they get it? What happened to all the common land in Scotland? Has the Scottish Parliament made any difference? Can we get our common good land back? In The Poor Had No Lawyers, Andy Wightman, author of Who Owns Scotland, updates the statistics of landownership in Scotland and takes the reader on a voyage of discovery into Scotland's history to find out how and why landowners got their hands on the millions of acres of land that were once held in common. He tells the untold story of how Scotland's legal establishment and politicians managed to appropriate land through legal fixes. From Robert the Bruce to Willie Ross and from James V to Donald Dewar, land has conferred political and economic power. Have attempts to redistribute this power more equitably made any difference and what are the full implications of the recent debt fuelled housing bubble? For all those with an interest in urban and rural land in Scotland, The Poor Had No Lawyers provides a fascinating and illuminating analysis of one the most important political questions in Scotland - who owns Scotland and how did they get it?
(source: Nielsen Book Data)

• Expanded Table of Contents; Illustrations; Preface; How to Use this Book; Part I: The Debate;
• Chapter 1: Debating the Clearances;
• Chapter 2: Before the Clearances;
• Chapter 3: The Age of Clearances;
• Chapter 4: Protest and Resistance during the Clearances;
• Chapter 5: The Blame Game; Part II: Documents; Introduction to Documents; Documents 1-82; Chronology; Guide to Further Reading; Essay Questions and Projects; Works Cited in the Text; Glossary; Statistical Tables; Index.

Storm clouds always gather over the story of the Highland Clearances. The eviction of the Highlanders from the glens and straths of the Highlands and Islands of the north of Scotland still causes great historical dispute more than a century after the events. The Highland Clearances also generated a great deal of contemporary controversy and documentation. The record comes in diverse forms and with radically different provenances, offering excellent material for exercises in historical analysis and selection. Debating the Highland Clearances introduces the Highland Clearances as a classic historical problem. Eric Richards reviews the historical debate and examines the methods and sources employed by the combatants past and present. The debates among historians, novelists, politicians and economists are no less passionate today and raise major questions about interpretation and the appropriate frame of reference for the noisy and continuing public debate about the Highland Clearances. This book presents a representative anthology of documents illustrating the historical foundations on which the debate is built. The debate is set in context and the author explains why it is not only important for Scottish patriots but for history in general.
(source: Nielsen Book Data)

• Table of Contents-- Preface-- How to use this book-- Part One: Debates-- Chapter One: Debating the Highland Clearances-- I Leaving the Highlands-- II Definitions-- III The Original Controversy-- IV Contemporary Reactions-- V The Modern Debate-- VI Responsibility-- Chapter Two: Before the Clearances-- I The Benchmark Problem-- II Conditions of Life-- III Security and Food Supplies-- IV Population before the Clearances-- V Change before the Clearances-- VI Emigration Before the Clearances-- VII Mobility and Capital Flows.-- Chapter Three: The Age of the Clearances-- I Harris, Arichonan and the Uses of Eviction-- II The New Sheep-- III The Timetable of Clearance-- IVYears of Pessimism-- V Landlord Power, Landlord Weakness-- VI Perceptions, Contemporary and Retrospective-- Chapter Four: Protest and Resistance During the Clearances-- I The Passive Highlanders-- II The Common Pattern-- III Three Exceptions-- IV A disgruntled and pious people-- V Resistance in Perspective-- Chapter Five: The Blame Game-- I Reputations and Decline-- II Indictments and Good Intentions-- III Responsibility for Famine and Decline-- IV The Dislocated Society---- Part Two: Documents---- Chronology-- Glossary-- Guide to further Reading-- Works Cited-- Essay questions and projects-- Brief Guide to places, museums, libraries, galleries, websites.-- Maps-- Illustrations-- Statistical tables-- Index.
• (source: Nielsen Book Data)

Storm clouds always gather over the story of the Highland Clearances. The eviction of the Highlanders from the glens and straths of the Highlands and Islands of the north of Scotland still causes great historical dispute more than a century after the events. The Highland Clearances also generated a great deal of contemporary controversy and documentation. The record comes in diverse forms and with radically different provenances, offering excellent material for exercises in historical analysis and selection. Debating the Highland Clearances introduces the Highland Clearances as a classic historical problem. Eric Richards reviews the historical debate and examines the methods and sources employed by the combatants past and present. The debates among historians, novelists, politicians and economists are no less passionate today and raise major questions about interpretation and the appropriate frame of reference for the noisy and continuing public debate about the Highland Clearances. This book presents a representative anthology of documents illustrating the historical foundations on which the debate is built.The debate is set in context and the author explains why it is not only important for Scottish patriots but for history in general. Key Features: / Organised into two parts; the first considers debates surrounding the Clearances, the second examines a selection of the sources which inform these debates / Presents and analyses an anthology of source material compiled to introduce the debates surrounding the Highland Clearances to audiences learning about historical analysis / Asks why passionate debate about the Clearances has been sustained and provides a modern introduction to its main issues.
(source: Nielsen Book Data)
Storm clouds always gather over the story of the Highland Clearances. The eviction of the Highlanders from the glens and straths of the Highlands and Islands of the north of Scotland still causes great historical dispute more than a century after the events. The Highland Clearances also generated a great deal of contemporary controversy and documentation. The record comes in diverse forms and with radically different provenances, offering excellent material for exercises in historical analysis and selection. Debating the Highland Clearances introduces the Highland Clearances as a classic historical problem. Eric Richards reviews the historical debate and examines the methods and sources employed by the combatants past and present. The debates among historians, novelists, politicians and economists are no less passionate today and raise major questions about interpretation and the appropriate frame of reference for the noisy and continuing public debate about the Highland Clearances. This book presents a representative anthology of documents illustrating the historical foundations on which the debate is built. The debate is set in context and the author explains why it is not only important for Scottish patriots but for history in general.
(source: Nielsen Book Data)