Landlocked: the continuing separate treatment of moveable and immoveable property by the law of succession in Scotland

In the 19th century, the American property reformer Thomas Skidmore (author of a tract entitled The Right of Man to Property!) advocated an approach whereby property rights would end when a land owner died. That is to say, land rights would not be passed on to heirs by will or by some other means. Instead, this approach would allow for (re)distribution of land by the state to happen shortly after the death of a land owner, with associated by-products of larger holdings being broken up and giving those without access to land a route to ownership.

It is fair to say that approach did not catch on in America. Such an approach is unlikely to catch on in 21st century Scotland either. Some reform relating to the inheritance of land has been flitting in and out of the Scottish spotlight for a little while though. The spotlight seems to have been turned off for the time being, per a recent announcement from the Scottish Government. Nevertheless, a new blog post by Malcolm Rudd and me for the School of Law at the University of Aberdeen has used this announcement as a prompt to examine the issue, and also to flag a recent article in the Juridical Review by Malcolm Rudd. You can find that post here.

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About basedrones

Bachelor of Laws. Scots lawyer working at the University of Aberdeen. English law qualified. Took far too long to write this bio. Blogs on legal issues, with occasional veering into other purportedly intellectual stuff from time to time. Tweets about legal issues, education, law clinics, fitba, music, rogue cell division and not at all about politics at @MalcolmCombe.
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