Abandonment of land and the Scottish coal case : was it unprecedented?

Combe, Malcolm M. and Rudd, Malcolm I. (2018) Abandonment of land and the Scottish coal case : was it unprecedented? Edinburgh Law Review, 22 (2). pp. 301-306. ISSN 1364-9809 (https://doi.org/10.3366/elr.2018.0490)

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Abstract

Owners of land do not usually wish to abandon it. Land is scarce and is normally a valuable commodity. It seems strange that there might be circumstances where someone would seek to relinquish a slice of Scotland in exchange for no benefit. Notwithstanding, the liquidators of a landowner recently tried to do this in relation to certain sites that had been used for coal mining. In the Scottish Coal case,1 those liquidators petitioned the Court of Session for guidance as to whether it was possible to abandon land and, if so, the proper procedure for doing so. It was ultimately held that it was not competent to abandon land in Scots law.

ORCID iDs

Combe, Malcolm M. ORCID logoORCID: https://orcid.org/0000-0002-1711-9150 and Rudd, Malcolm I.;
  • Item type:Article
    ID code:71110
    Dates:
    Date
    Event
    1 May 2018
    Published
    27 February 2018
    Accepted
    Notes:The support of the Carnegie Trust for the Universities of Scotland in the provision of a research incentive grant that contributed to this note is gratefully acknowledged. This is an Accepted Manuscript of an article published by Edinburgh University Press in Edinburgh Law Review. The Version of Record is available online at: http://www.euppublishing.com/doi/abs/10.3366/elr.2018.0490
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:16 Jan 2020 09:57
    Last modified:23 Nov 2024 01:14
    URI:https://strathprints.strath.ac.uk/id/eprint/71110
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