The Poor Had No Lawyers: Who Owns Scotland and How They Got it

by Andy Wightman

Who Owns Scotland? How did they get it? What happened to all the common land in Scotland? Has the Scottish Parliament made any difference? Can we get our common good land back? In The Poor Had No Lawyers, Andy Wightman, author of Who Owns Scotland, updates the statistics of landownership in Scotland and takes the reader on a voyage of discovery into Scotland's history to find out how and why landowners got their hands on the millions of acres of land that were once held in common.

He tells the untold story of how Scotland's legal establishment and politicians managed to appropriate land through legal fixes. From Robert the Bruce to Willie Ross and from James V to Donald Dewar, land has conferred political and economic power. Have attempts to redistribute this power more equitably made any difference and what are the full implications of the recent debt fuelled housing bubble? For all those with an interest in urban and rural land in Scotland, The Poor Had No Lawyers provides a fascinating and illuminating analysis of one the most important political questions in Scotland - who owns Scotland and how did they get it?

Genres: Scotland, History, Nonfiction, Politics, European History, Social Justice

339 pages, Paperback

First published December 28, 2010

About the author

Andrew Dearg Wightman is a Scottish writer and researcher best known for his work on land ownership. He is the author of Who Owns Scotland and The Poor Had No Lawyers. From 1992 to 1993 he was the Development Officer of the environmental charity, Reforesting Scotland. He was a Scottish Green Party Member of the Scottish Parliament (MSP) for the Lothian region between 2016 and 2021.

Reviews

[Fiona · Rating 5 out of 5]

'Scotland continues to be stuck with the most concentrated, most inequitable, most unreformed and most undemocratic land ownership system in the entire developed world' (historian James Hunter, 2013).

A compulsively readable account of how Scotland has come to have a more concentrated pattern of private landownership than almost any other country in the world, how the landed elite has managed to survive for centuries up to the present day, and the reforms that are needed to address inequalities in land tenure.

Andy Wightman has written a powerful book that on first publication caused the Inland Revenue to investigate tax avoidance by Scottish landowners hiding behind trusts, offshore companies, and companies registered abroad. Some of the country's wealthiest landowners are listed as 'directors' of companies that 'own' their estates, companies registered outside Britain, e.g. in Liechtenstein. The loss of revenue to the Treasury amounts to millions of pounds and is nothing other than tax avoidance. Nor do these estates, together with sporting estates and privately owned forestry, pay any council tax or business rates thereby receiving public services completely free of charge and ensuring that the rest of the population has to pay for the shortfall.

Now it can be argued that landowners are merely taking advantage of historically poor fiscal management on the part of local and national government. The fact is that due to their position in society, the old boys' network essentially, they are in a position to influence the maintenance of these systems to their own advantage. As Wightman says, "Arrangements whereby the wealthy can avoid tax whilst the poor must pay have no place in a fair society." Another example of fiscal mismanagement, but on a European level, is that EU farming subsidies amounting to £millions, aimed at helping those struggling to make a living from agriculture, are often given instead to the landowners from whom they rent their farms. Some of these 'gentlemen farmers' own sporting estates and aren't involved in farming at all. They may simply rent out multiple farms on their land.

The reasons why this situation arose historically are many and complicated. On mainland Europe, "peasant" uprisings divested the crowns and nobility of their lands centuries ago but this wasn't mirrored in Britain and particularly not in Scotland. Lands that had been distributed by the Crown (e.g. David I, Robert the Bruce) to thegns and lords in return for military support were misappropriated (euphemism for stolen) by the nobility who assumed ownership through time. British nobility wrested political, landed and military power from the Crown in the 17th century creating a powerful hegemony that the peasantry were never going to succeed in overturning. Thus we have an entrenched class system in Britain which keeps the rich wealthy and the poor poor.

It's fair to say that Wightman has his own axes to grind but he has brought these issues into public awareness. He is a pedantic and thorough researcher, ferreting out fraud and dishonesty sometimes centuries old, and he has helped to inform the introduction of a wave of radical land reform law implemented in recent years by the Scottish Government. For this, he should be well and truly thanked but there is still some way to go before the historical tendency for the law to favour the haves over the have-nots will cease. The poor still have no lawyers.

This is a very superficial summary of a book that encompasses a very wide range of issues. Many, such as the misappropriation of commonties (land and property held for the common good), should be of interest to anyone living in Scotland. You may even find the knowledge gained to be of personal advantage. Essentially, if you live in Scotland and care about your country, I strongly recommend that you read this book. It will either shame you or anger you into supporting all efforts to reform our country's remaining abysmal land laws.

[Alan Hamilton · Rating 5 out of 5]

An extremely well researched and informative book defining the (unjust?) reasons why so few people own so much of Scotland's land.
The early chapters define the legal aspects of land ownership and are, by the author's admission, pretty heavy going. They are, however, necessary to understanding the remainder of the book. The remaining chapters are much more readable (and enjoyable!).
The book concludes with the author's suggestions for land reform, which are very thought provoking....
Overall, a very worthwhile read.

[Donna · Rating 3 out of 5]

A very dry read (lots of legal jargon!) but compelling. Some fascinating content, but quite a push to get through in places.

[Alasdair Peterson · Rating 4 out of 5]

Much better than the crazed polemic I had dreaded! Definitely food for thought and Wightman persuasively argues that much of the status quo in Scots landownership is the result of centuries of property law tailored to suit and buttress the landed classes, leading to an unfair allocation of land and the need for ancient injustices to be corrected.

That said, there were a couple of points where he is so committed to exposing the abuse that he, perhaps, neglects to acknowledge counter-arguments. This is particularly true of his treatment of prescription, which, far from being a peculiarly Scottish evil, is found in almost every legal system since it allows for legal certainty. I also felt his call for a land valuation tax was underdeveloped, neglecting to consider cases where unplanned-for development imposes benefits on owners who simply wish to enjoy the land as it is rather than capture its capital appreciation: would it not be permissible to skim the unearned boon at time of sale/let rather than an annual tax? Even if this was only permitted for principal residences, it would avoid the need for low income residents to sell up if their family home rapidly appreciated due to infrastructure improvements in their area.

On the whole, a very valuable and thought provoking book; essential reading for all interested in Scots Law and Reform thereof.

[Douglas · Rating 3 out of 5]

interesting but not easy

[Kirsty McLeod · Rating 4 out of 5]

Read this book for my dissertation. Interesting and was mostly useful for understanding the difficulties in accessing rural land and how these complexities have arisen throughout history.

[Ailish McCafferty · Rating 3 out of 5]

Some interesting bits but soooooooo much jargon made it super inaccessible

[Mick Bordet · Rating 4 out of 5]

A fascinating read and interesting insight into the history of land ownership in Scotland. It is more of a 'big picture' approach than I was expecting, given the blurb, but no worse for that. There are one or two example cases where the whole story is not finished, but in general there is a good mix of history, legal background, figures and individual examples. The author clearly has his own agenda, but this is not hidden in any way, so doesn't really detract.

[Carolyn Lochhead · Rating 4 out of 5]

A really fascinating read from which I learned a lot. I’ve always known in a vague sort of way that Scotland’s land is distributed in a most unfair fashion, but this book patiently explains how it happened, whose interests it serves, what attempts have been made at fixing it and what remains to be done. The most interesting part was the existence of the Common Good Fund, a phrase I have heard before but not understood. These were the assets belonging to the old burghs at the time they were abolished, which ought to be used by local authorities for the benefit of local people, but have instead been, for the most part, quietly transferred to council balance sheets. When I get round to it I intend to look into the situation in Glasgow.

Favourite apocryphal story in the book: man strolls through landowner’s estate, pheasants in each hand. Landowner challenges him: “Hoi! This is my land, so those belong to me!” Man looks interested. “Your land, is it? How did you get it?”

Landowner, indignantly: “It belonged to my father, and generations before him!”

Man: “And how did your ancestor first come to have it?” Landowner, purple-faced: “He fought for it!” Man: “Right. Get your jacket off, I’ll fight you for it now”.

Based on Wightman’s account of how the gentry acquired, expanded and downright stole their lands, this doesn’t seem far off the mark.

[James Anderson · Rating 3 out of 5]

This was a Christmas present that sat around for a few years as the title was somewhat unattractive and didn't create an impression that this would be an interesting read. In fact, I was wrong about the contents although I must say that the title is somewhat inappropriate. While the ownership of land is covered in many chapters, much of the book covers how changes to law, either proposed or otherwise, might be used to wrestle land out of the hands of current ownership to produce a much wider and greater ownership distribution. In this respect, the author demonstrates a clear bias however, this does not detract from his ability to get across a detailed and informative historical perspective as to how current ownership trends were established. There are some chapters which are more challenging to read due to the abundance of legal and technical terms involved which are not usually widely understood by a lay audience, although the author makes a pretty decent job of explaining some of this complexity. There are also many very well presented chapters which provide an eye-opening account of how land was acquired and how most of us live in relative ignorance of how this was attained. Overall, I found this an extremely informative and well-researched book from which I learned a significant amount.

[Murdo Murchison · Rating 3 out of 5]

A well-researched book with a good overview of historic land law and land ownership in Scotland. It is however also akin to a manifesto. There are some quite biased statements made and conclusions reached on thin arguments. Although the arguments are valid and worth consideration its very one-sided and doesn’t mention or consider other aspects that do factor into the issues. There is a very “us and them” attitude when it comes to these arguments. The problem with this is there are many landowners now in Scotland and there not considered ‘poor’ now. Many of the conclusions would result in serious economic issues that would mainly impact the poor or the supply chain then affect the poor through increased prices etc. It’s a worthwhile read but one has to take its arguments and conclusions with a heavy pinch of salt

[James Taylor · Rating 5 out of 5]

This is a passionate and thought-provoking account of the state of land-holding in Scotland. Wightman guides his readers through the history of how Scottish land became concentrated in the hands of a small band of landholders in an erudite text. What could be a dry and boring subject is conveyed clearly to a wide audience. This is no arcane subject, Wightman makes it clear that there is much which remains wrong with Scottish land-ownership and provides some constructive solutions about how this problem can be addressed. This is an important book which should be read by anyone with an interest in Scottish current affairs and anyone seeking to understand how land ownership can be reformed in Scotland.

[Eric · Rating 3 out of 5]

A good treatise on Scots land law and presentation of arguments, some revolutionary, for reform. The author writes, “Land tenure reform is a topic that has, until recently, been the preserve of lawyers and academics. The public has not taken much interest in it…” Unfortunately, this tome will, I fear, do little to change that. For all of the author’s thorough research and valiant efforts, the book is too cumbersome for the vast majority and reads like legalese. The author’s efforts would have been better spent making the subject more engaging and approachable to the reader if he had hoped to bring the subject out of the “preserve of lawyers and academics.”

[SP · Rating 5 out of 5]

Living in Scotland this book answered so many of the questions I had about why the landscape looks the way it did. Couldn't put it down during the chapters on the historical development of the land distribution and the laws around it. Never thought I would ever find this interesting - but it was written with empathy, insight and attention to detail. The modern history chapters are probably a bit more tedious and due to the author's involvement into some of the processes potentially feel a bit more defensive than necessary. A great read all around though!

[Linda Kenny · Rating 4 out of 5]

This book was a gift to me from my daughter who lives in Scotland. It took me a while to read because it is an amazing collection of information not only on the history of who owned the land in Scotland but also how much of the land today is held in the hands of a few. Land reform is not a sexy topic but how land is used is of major importance to a country. I hope people there are reading this book.

[Paul Renwick · Rating 3 out of 5]

You can tell from the level of detail just how much research that Andy put into this book.

The early stages were quite complex with a lot of legal detail and explanations. However throughout the book there were always amazing little facts and anecdotes that would keep you interested.

This book definitely needs to be essential reading in schools, colleges and universities so that the population at large can gain an understanding of just who owns the land that we all live on.

[Gavin McColl · Rating 4 out of 5]

Amazed as ever by the shameless behaviour that the elites have gotten away with. Inspired at the same time by the potential paths that can be taken towards a fairer and better use of land as explained by Andy. Good use of examples from all over Scotlandto illustrate the different problems and concepts.

[Gideon · Rating 4 out of 5]

Really interesting and very informative history of land ownership in Scotland. Quite shocking in places with stories of how wealthy landowners have assumed control of common lands that actually belong to the community, and how their lawyers have "legalised" this ownership. Also great information on the Scottish Government's land reform policies to enable community buyouts.

[Mark Edon · Rating 4 out of 5]

A wide topic. Lots of short chapters so you can dip in and out for the bits of particular interest to you if required.

Eye popping revelations of the inequities and their origin. I now have a much better grasp of the issues relating to Land Reform and a more nuanced understanding of which Rich Tory Bastards are blocking it.

[Katie Walter · Rating 4 out of 5]

Not as dry as it seems: this is actually a very readable account of the problems with land ownership in Scotland. Read it for book group and we discussed that an illustrated children's version would be really interesting (cf the graphic novel version of Thomas Piketty's Capital & Ideologie). Actually got me reading the Scottish government documents on land reform!!

[Sandra McIntier · Rating 4 out of 5]

Although I like history, this is not the sort of book I would usually read. It is really the History of Scottish Land laws. A very good read for someone suffering from insomnia. Having said that, it opened my eyes about land distribution in Scotland.

[Carolann Harrop · Rating 5 out of 5]

everyone should read this and educate themselves to what actually happened in Scotland, parts are hard to get through but stick with it explains a lot of the many injustices which have happened in Scotland.

[Euan Pollock · Rating 5 out of 5]

An outstanding book, pointing out a few simple truths about land in Scotland. Some very good insights that make me wonder how I managed to miss them when I was studying law. Something everyone in Scotland should read

[Marcia · Rating 4 out of 5]

Finally finished this book! Worth reading it carefully but some topics are fairly dense going. An important topic and a well researched and written book, and enlightening. I would read it again even though it took me more than a year to get through it the first time.

[Anne Scott · Rating 5 out of 5]

If you can get beyond the (important) legalese, this is a great read....and if you live in Scotland, prepare to ask yourself why you've never thought about all this before....and how serious land reform could change the way our society operates, for the better.

[Teresa · Rating 3 out of 5]

Exhaustive and lengthy history of Scotland's land laws. Has some interesting things to say but takes a very long and winding route to get to them.

[Stephanie · Rating 4 out of 5]

3.5 stars,

[Jo Valentine · Rating 5 out of 5]

Oh the detail! The research and knowledge that has gone into this is phenomenal! Incredibly interesting, informative and supremely frustrating.

[Altair Seel · Rating 4 out of 5]

A comprehensive study of the state of landownership in Scotland and the history of the land reform movement.

[Rahul Jaisinghani · Rating 3 out of 5]

Extremely well researched but not at all easy to read.

Had to force myself through most of the time.

Wish it weren't that way.