The Parable of Portobello - (Malcolm Combe)

Notions of Land Reform, especially when looking historically, bring forth images of mass upheaval and unrest associated with nationalization and redistribution of resources—as it should. Yet, as the favored option to shift land use, where property entitlements are left unchallenged, continues to deliver watered down results, it seems to me it’s worth willing to experiment with reshaping the concept of property, while still respecting deeply entrenched social and legal norms of property.

There may be no better case to critically think this through than by looking at what’s happening in Scotland, where a set of fairly recent Land Reform Acts have come into force. And I can’t think of a better person to discuss this with in detail than Malcolm Combe, a senior lecturer in Scots private law at the University of Strathclyde. Malcolm has long been writing on Scottish Land reform, including a new book, "Land Reform in Scotland" edited with Jayne Glass and Annie Tindley. In this episode, we`ll talk about the Scottish Land Reform Acts, but also why they may have been started, and how they operate in the law.

We end up focusing on a really interesting case of these new legal entitlements in action—when a local church was put up for sale in a place called Portobello, just outside Edinburgh, the local community attempted to use the new powers available to try and bring the asset into their control.

Episode Links

Lovett, J. A., & Combe, M. M. (2019). The Parable of Portobello: Lessons and Questions from the First Urban Acquisition Under the Scottish Community Right-to-Buy Regime. Mont. L. Rev., 80, 211.

BBC Documentary Series on the potential for a community buy out at the Bays of Harris

Land Reform in Scotland: History, Law and Policy

The Morven Woods buyout story

*Since recording of interview, Andy Wightman no longer serves as MSP for the Scottish Green Party

This episode of Landscapes is supported by the UKRI Landscapes Decisions Programme

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