MML Law Represents Forthtay Ltd in Scotland’s First Land Reform Challenge
At MML Law, we are proud to represent Forthtay Ltd in a case that could reshape land ownership rights across Scotland. This is the first challenge of its kind under the Land Reform (Scotland) Act 2016, which grants the Scottish Government powers to enforce the sale of private land deemed “abandoned, neglected, or detrimental” for the benefit of the community.
The dispute centres on a strip of land in St Andrews, which the community group Poet’s Neuk intends to transform into a public garden dedicated to Mary, Queen of Scots. Despite previous planning applications by Forthtay Ltd being refused, the Scottish Government compelled the sale under the Land Reform Act.
This is the first time these powers, strengthened by a 2020 amendment, have been used to force a community buyout. The outcome of this case will have national implications for property owners, community organisations, and future land reform policies in Scotland.
The case will test the balance between individual property rights and the public interest—a debate at the heart of Scotland’s ongoing land reform efforts. A ruling against Forthtay Ltd could set a precedent for how landowners must manage their property to avoid compulsory purchase.
MML Law Partner Ryan Russel commented:
“This is a ground-breaking case with the potential for far-reaching consequences. Property owners across Scotland should be paying close attention to how this case unfolds and what it could mean for their rights under the Land Reform (Scotland) Act.”
The decision from the Scottish courts will not only affect our client but could reshape the landscape of community buyouts and land reform law. It is a clear reminder for landowners to be aware of their obligations under the legislation.
MML Law is dedicated to providing robust legal representation and ensuring our client’s rights are defended in what could be a defining case for Scottish property law.
We will continue to update on developments as the case progresses.
Read more from BBC News: https://www.bbc.co.uk/news/articles/cd64d8exp37o.amp