Common Good Law

Andrew Ferguson is a Scottish Local Government Consultant specialising in property, transportation and planning law and governance. He is co-author of Local Planning Reviews in Scotland (Avizandum, 2015).

• Preface; Tables of Legislation; Table of Cases; 1 Origins and Definitions; 1.1 Historical origins of common good; 1.2 Types of burghs and commonties; 1.3 Burgh boundaries; 1.4 Benefactors - common good and trusts; 2 Statutory Framework; 2.1 Earlier statutory controls; 2.2 Local Government (Scotland) Act 1973; 2.3 Interaction of 1973 Act with later legislation; 2.4 Common good and burdens: impact of feudal reform; 3 The Administration of the Common Good; 3.1 Administration and delegation in local authorities; 3.2 Common good and community councils; 3.3 Common good and best value: use of common good funds; 3.4 Maintenance of common good properties; 4 Inalienable Common Good Property; 4.1 Moveable common good property and other rarities; 4.2 Murray and the three categories; 4.3 Use from time immemorial by the public; 4.4 Dedication for public use; 4.5 Common good nature arising from grant; 5 Classfication of Common Good Land; 5.1 When is burgh property part of the common good; 5.2 The Ruthin Castle case; 5.3 Case law following Ruthin Castle; 5.4 When is burgh property not common good?; 6 Appropriation, Alienation and Disposal of Common Good Land; 6.1 Appropriation, alienation and disposal; 6.2 Disposal of common good land; 6.3 Appropriation; 6.4 Alienations falling short of disposal or appropriation; 7 When Does ‘a Question’ Arise?; 7.1 The arising question and the court’s discretion; 7.2 When does a question arise?; 7.3 When does a question not arise?; 8 Factors Involved in Allowing Disposal; 8.1 Pleading own neglect; 8.2 Prioritisation of limited funding; 8.3 Balance of convenience to the burgh residents; 8.4 No clear benefit; 8.5 Alienations; 9 Taking a Common Good Case to Court; 9.1 Petitions under section 75; 9.2 Other forms of action; 9.3 Advertisement; 9.4 Consultation; 9.5 Expenses; 10 Common Good and Community Empowerment; 10.1 Background to the 2015 Act 141; 10.2 Participation requests, community rights to buy and asset transfer requests; 10.3 Specific sections on common good in the 2015 Act 144; 10.4 Interaction of the 2015 Act with the 1973 Act 147; Appendix I: List of Burghs; Appendix II: Disposal, Appropriation and Alienation; Index.