Overcoming barriers to community land-based activities: gudiance
Guidance on good practice in overcoming barriers to community land-based activities.
Appendix B: Classification of alternative land ownership barriers to community activities
Table 2. Classification of alternative land ownership barriers to community activities (Roberts and McKee, 2015: 15)
| Categories of barriers |
Sub-categories |
Underlying cause |
|---|---|---|
| Deficiencies in ownership rights |
A. Ownership unknown or unclear |
A.1 Information on title deeds are incomplete, missing or difficult to access |
| A.2 Ownership in dispute |
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| A.3 Owner lacks legal capacity (including executors/administrators) |
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| B. Ownership rights divided |
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| B.1 Land held in Trust [functionality of Trust] |
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| B.2 Land subject to leases or licences [or subordinate real rights] |
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| B.3 Land subject to mortgages or other securities |
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| B.4 Land subject to restrictive Title conditions/real burdens |
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| B.5 Land subject to servitudes or rights of way |
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| B.6 Land subject to options or conditional contracts |
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| Landowner behaviour |
C. Assembly of ownership required |
C.1 Ransom strips |
| C.2 Multiple ownership |
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| D. Unacceptable terms |
D.1 Restrictive terms of conditions of sale/transfer of lesser rights |
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| D.2 Different valuations |
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| E. Owner unwilling to sell or lease land |
E.1 Retention for continued current use (includes for occupation/investment/making available to others on non-profit basis) |
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| E.2 Retention for control or protection/conservation |
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| E.3 Retention for subsequent own development |
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| E.4 Retention for subsequent sale (due to indecision, postponement, uncertainty or speculation) |
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| External factors affecting communities |
F. Structural barriers facing communities |
F.1 Inability to raise funding |
| F.2 Regulations and limitations to advisory support |
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| F.3 Lack of legitimacy |
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| Internal factors affecting communities |
G. Community constraints and decisions |
G.1 Potential liabilities of ownership disproportionate to community benefits |
| G.2 Differing community aspirations |
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| G.3 Lack of community capacity |
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| G.4 Lack of willingness to engage with landowner |
Contact
Email: Graeme Beale, socialresearch@gov.scot