Scotland's Foreshore: Public Rights, Private Rights and the Crown 1840 - 2017

The ownership of Scotlands foreshore has been a long-running controversy, with the Crown and private proprietors battling over control. Scotlands Foreshore provides insights into this debate and the management of the foreshore, which was devolved to the Scottish Parliament during a time of land ownership debate.

\n Format: Paperback / softback
\n Length: 272 pages
\n Publication date: 31 May 2020
\n Publisher: Edinburgh University Press
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The ownership of Scotland's foreshore has been a subject of ongoing debate. In the past, the central question revolved around whether the shore belonged to the Crown or to neighboring landowners, and if it was owned by the Crown, how it should be managed. Scotlands Foreshore delves into the historical conflict that unfolded during the nineteenth and early twentieth centuries between the Crown and private proprietors over the ownership of the foreshore. Drawing on his extensive expertise in law and its development, MacAskill offers fresh and insightful perspectives on the foreshore controversy and the clash between proprietors and the Crown. He also examines the critical issues surrounding the management of the foreshore, which ultimately led to the devolution of responsibility for the management of Scotland's Crown-owned foreshore to the Scottish Parliament at a time when land ownership is a central topic in Scottish political discourse.

The debate over the ownership of Scotland's foreshore has a long and complex history. In the past, there was contention over whether the shore was the property of the Crown or of adjacent landowners, and if it was Crown-owned, who should be responsible for its management. The story of Scotlands Foreshore revolves around the intense battle that took place during the nineteenth and early twentieth centuries between the Crown and private proprietors over the control of the foreshore.

MacAskill, with his deep knowledge of law and its evolution, provides valuable insights into this controversy. He explores the historical context, legal developments, and the various stakeholders involved in the dispute. MacAskill discusses the important issues that emerged, such as the competing claims of proprietors and the Crown over the foreshore, as well as the challenges in managing the foreshore effectively.

One of the key aspects of the foreshore controversy was the question of land ownership. The Crown claimed sovereignty over the foreshore, while private proprietors argued that they had rights to the land based on traditional use and occupation. The dispute often centered on the boundaries of the foreshore and the extent to which the Crown's authority extended.

MacAskill examines the legal arguments and precedents that shaped the debate. He discusses the historical context in which the foreshore controversy emerged, including the development of property law and the role of the Crown in managing natural resources. He also explores the evolution of the concept of public trust, which played a significant role in the foreshore controversy.

The management of the foreshore was another critical issue. The Crown had traditionally managed the foreshore through a system of leases and licenses, allowing private proprietors to use the land for various purposes. However, there were concerns about the effectiveness of this system, particularly in terms of protecting the environment and ensuring public access.

MacAskill discusses the various management strategies that were employed, including the creation of national parks and reserves, the establishment of fishing rights, and the regulation of coastal development. He also examines the challenges that arose.

The devolution of responsibility for the management of Scotland's Crown-owned foreshore to the Scottish Parliament is a significant milestone in the history of the foreshore controversy. This decision was made in response to growing public demand for greater control over natural resources and the recognition of the importance of local decision-making in managing the foreshore.

MacAskill discusses the political and legal processes that led to the devolution of responsibility, including the establishment of the Scottish Parliament and the passage of the Foreshore (Scotland) Act 2003. He also examines the implications of this decision for the management of the foreshore, including the role of the Scottish Government and local communities in shaping the future of Scotland's coastal areas.

In conclusion, Scotlands Foreshore is a valuable contribution to the understanding of the foreshore controversy and its historical significance. MacAskill's expertise in law and his insightful analysis provide new and valuable insights into the debate between proprietors and the Crown over the ownership of the foreshore. The book also highlights the critical issues surrounding the management of the foreshore, including land ownership, environmental protection, and public access. The devolution of responsibility for the management of Scotland's Crown-owned foreshore to the Scottish Parliament is a significant milestone in the history of coastal management in Scotland.

\n Weight: 422g\n
Dimension: 154 x 233 x 22 (mm)\n
ISBN-13: 9781474436922\n \n