Written Question · S4W-08487 · Session 4
What its position is on transferring land held in commonty under the Division of Commonties Act 1695 to land held in common ownership.
The question
To ask the Scottish Executive what its position is on transferring land held in commonty under the Division of Commonties Act 1695 to land held in common ownership.
The answer
The 1695 act allows an area of land, still held as commonty, to be divided amongst the common owners of that land. This may arise where change of circumstance means that it is no longer beneficial to one or more of the owners to hold the land as commonty. It may also be because there is dispute between the commonty owners which cannot be resolved by other means.
The result of division is that each of the owners obtains exclusive ownership of a portion of the area of land, as opposed to obtaining a share of common ownership of the whole land. If such owners wished the property to be held between them in modern common ownership, they would be free to do so by completing the necessary conveyancing.
The Scottish Government is aware that the act has not been used recently, however the act continues to provide a right to any remaining owners of commonty to continue to hold their land in the way that suits them.
The result of division is that each of the owners obtains exclusive ownership of a portion of the area of land, as opposed to obtaining a share of common ownership of the whole land. If such owners wished the property to be held between them in modern common ownership, they would be free to do so by completing the necessary conveyancing.
The Scottish Government is aware that the act has not been used recently, however the act continues to provide a right to any remaining owners of commonty to continue to hold their land in the way that suits them.
In the Official Report
No contribution in the Official Report cites S4W-08487 by reference.