Parts 2 and 3 of the Land Reform (Scotland) Act 2003: A Definitive Answer to the Scottish Land Question?

Malcolm MacDonald Combe

Research output: Contribution to journalArticle


This paper assesses the Scottish land question in an historical and political context, before looking at the potential tools available for reforming Scottish land law. It argues that a legislative solution was and remains the only viable route towards reform. It then provides an overview and critique of the Land Reform (Scotland) Act 2003 – the Scottish Parliament's "answer" to the land question.

As land reform is not a peculiarly Scottish issue, there is potential for comparative legal study. While comparison is not restricted to one jurisdiction, South Africa has proved to be a natural comparator, sharing a similar mixed legal system to Scotland and also having recently embarked on a wide-ranging land reform programme.
Original languageEnglish
Pages (from-to)195-227
Number of pages32
JournalJuridical Review
Issue number3
Publication statusPublished - 2006



  • land reform
  • Land Reform (Scotland) Act 2003
  • Property

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