Scottish Land Court
Encyclopedia
The Scottish Land Court is a Scottish court of law
based in Edinburgh
with subject-matter jurisdiction
for disputes between landlord
s and tenants relating to agricultural tenancies
and matters related to crofts
and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the College of Justice
. The court was established under section 3 of the Small Landholders (Scotland) Act 1911, as amended by the Scottish Land Court Act 1993.
(sharing the same office, and with the Chairman of the Land Court also being President of the Lands Tribunal).
The court does not adjudicate disputes concerning the ownership of land, or disputes between owners of adjoining land concerning the boundaries thereof, but its scope does include disputes between Crofters on these matters. It does not deal with the Crofters (Scotland) Act 1993 regarding succession, the apportionment of common grazings, or decrofting an area of croft land—which is the scope of the Crofters Commission.
The court also maintains an online digestViewable at http://www.scottish-land-court.org.uk/digest.html. of all cases, which are organised under the following categories:
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
based in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
with subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
for disputes between landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
s and tenants relating to agricultural tenancies
Tenant farmer
A tenant farmer is one who resides on and farms land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management; while tenant farmers contribute their labor along with at times varying...
and matters related to crofts
Croft (land)
A croft is a fenced or enclosed area of land, usually small and arable with a crofter's dwelling thereon. A crofter is one who has tenure and use of the land, typically as a tenant farmer.- Etymology :...
and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the College of Justice
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
. The court was established under section 3 of the Small Landholders (Scotland) Act 1911, as amended by the Scottish Land Court Act 1993.
Scope
The duties of the court is to settle disputes, relating to agricultural tenancies and to crofts and crofters, by means of a written decision on the case that is reported in the Scottish Land Court Reports and other publications. Although the duties of both bodies are distinct, the court maintains a close relationship with the Lands Tribunal for ScotlandLands Tribunal for Scotland
The Lands Tribunal for Scotland is a civil court with jurisdiction over certain matters relating to land and property in Scotland. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland.Although the...
(sharing the same office, and with the Chairman of the Land Court also being President of the Lands Tribunal).
The court does not adjudicate disputes concerning the ownership of land, or disputes between owners of adjoining land concerning the boundaries thereof, but its scope does include disputes between Crofters on these matters. It does not deal with the Crofters (Scotland) Act 1993 regarding succession, the apportionment of common grazings, or decrofting an area of croft land—which is the scope of the Crofters Commission.
Membership
The Scottish Land Court is made up of the following members (as of 2010):- Lord McGhieJames McGhie, Lord McGhieJames Marshall McGhie, Lord McGhie is the Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland, and a Senator of the College of Justice.-Personal life:...
(Chairman) - Angus Macdonald
- David Houston
- John Smith
Chairman
Previous chairmen of the Land Court have been:- 1912–1918: Lord Kennedy
- 1918–1934: Lord St Vigeans
- 1934–1938: Lord Macgregor Mitchell
- 1938–1941: Lord MurrayDavid King MurraySir Thomas David King Murray, known as David King Murray, Kt KC LLD MA BSc LLB FRSE was a Scottish politician and judge....
- 1941–1965: Lord Gibson
- 1965–1978: Lord BirsayHarald Leslie, Lord BirsayHarald Leslie, Lord Birsay KT, CBE, Harald Leslie, Lord Birsay KT, CBE, Harald Leslie, Lord Birsay KT, CBE, (MBE (mil.), TD, QC, DL (8 May 1905 - 27 November 1982) was a Scottish lawyer and judge, and Chairman of the Scottish Land Court.-Early life:...
- 1978–1992: Lord ElliottWalter Elliott, Lord ElliottArchibald Elliott, Lord Elliott MC was a Scottish lawyer and judge. In 1971, he became the first President of the newly established Lands Tribunal for Scotland, and in 1978 took on the additional office of Chairman of the Scottish Land Court...
- 1993–1996: Lord PhilipAlexander Philip, Lord PhilipThe Rt. Hon. Alexander Morrison Philip, Lord Philip is a Scottish lawyer and former Senator of the College of Justice.-Early life:...
- 1996–present: Lord McGhieJames McGhie, Lord McGhieJames Marshall McGhie, Lord McGhie is the Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland, and a Senator of the College of Justice.-Personal life:...
Decisions
Decisions of the Scottish Land Court have been in various formats since its inception. Between 1913 and 1963, decisions of the Land Court were published as a supplement to the Scottish Law Review and Reports of Sheriff Court Cases. Since 1982, the Land Court has produced its own volumes of reported decisions each year. From 1964, decisions of the Court have also been reported in the Scots Law Times, in a section dealing with Land Court cases. Additionally, under the terms of s. 18 of the 1886 Act, the court was obliged to make an annual report to the Secretary of State for Scotland on its proceedings, which would then be presented to parliament.The court also maintains an online digestViewable at http://www.scottish-land-court.org.uk/digest.html. of all cases, which are organised under the following categories:
- Agricultural holdings – Rent
- Agricultural holdings – Notices to quit
- Agricultural holdings – Certificates of bad husbandry
- Agricultural holdings – Agricultural subsidies appeals
- Agricultural holdings – Others
- Crofts – Status
- Crofts – Purchase
- Crofts – Rents
- Crofts – Resumption
- Crofts – Decrofting Directions – Appeals
- Crofts – Others
- Cottars
- Procedure and Expenses
External links
- scottish-land-court.org.uk, the website of the Scottish Land Court.