Common Good Law / / Andrew C. Ferguson.

• Superior document: Title is part of eBook package: De Gruyter Edinburgh University Press Complete eBook-Package 2019
• VerfasserIn: Ferguson, Andrew C.,
• Place / Publishing House: Edinburgh : : Edinburgh University Press, , [2022]; ©2019
• Year of Publication: 2022
• Language: English
• Physical Description: 1 online resource (176 p.)

A clear and practical guide to the sale and purchase of local authority property in ScotlandThe only book to deal with this neglected area of Scots property lawCovers: historical background; administration of common good fund; classification of common good land; disposals of common good land; taking cases to courtEssential reading for local authority practitioners, those acting for purchasers of local authority property, community councils and their advisersThis second edition of Common Good Law includes discussion of the important recent case of Portobello Park Action Group Association and of the changes made by the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016.Common good is a topic that can lie dormant for many years but then, as several local authorities have found to their cost, produce difficulties for the unwary. This is seen particularly in relation to the disposal of land held on the common good. In recent years, the administration of common good funds and assets has frequently brought local authorities into conflict with community councils.

Table of Contents

Frontmatter -- Contents -- Preface -- Tables of Legislation -- Table of Cases -- 1 Origins and Definitions -- 2 Statutory Framework -- 3 The Administration of the Common Good -- 4 Inalienable Common Good Property -- 5 Classification of Common Good Land -- 6 Appropriation, Alienation and Disposal of Common Good Land -- 7 When Does ‘a Question’ Arise? -- 8 Factors Involved in Allowing Disposal -- 9 Taking a Common Good Case to Court -- 10 Common Good and Community Empowerment -- Appendix I: List of Burghs -- Appendix II: Disposal, Appropriation and Alienation -- Index