Squatting in Scotland

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Ruins of The Colony in the Bennachie hills Bennachie Colony (geograph 2591379).jpg
Ruins of The Colony in the Bennachie hills
A memorial to the Seven Men of Knoydart at Inverie on the Knoydart peninsula. Men of Knoydart memorial.jpg
A memorial to the Seven Men of Knoydart at Inverie on the Knoydart peninsula.
The Forest Cafe pictured in 2009 at its Bristo Place site. After it was evicted, the building was squatted in 2011. The-Forest-Cafe-3-Bristo-Place-Edinburgh-perspective-adjusted.jpg
The Forest Café pictured in 2009 at its Bristo Place site. After it was evicted, the building was squatted in 2011.

Squatting in Scotland is criminalised by the Trespass Act 1865. Following the Highland Clearances, land raids occurred across rural Scotland in the late nineteenth and early twentieth centuries, for example in Vatersay and Knoydart. More recently there have been land occupations as both road protests and as part of the Occupy movement. Baile Hoose was occupied during the 2021 United Nations Climate Change Conference in Glasgow.

Contents

History

A 1960 article in the Agricultural History Review noted instances of Iron Age squatting. [1] Squatting was criminalised in 1865 by the Trespass Act. [2] The number of cases which come to court are small: between 2007 and 2011, the average number of prosecutions was 13; between 2005 and 2010, there were 26 convictions. [2] [3] :74 Adverse possession does not exist in Scots law, but a similar concept is positive prescription, which only applies to land. In order for positive prescription to be successful the applicant must firstly hold a deed in either the Register of Sasines or a title in the Land Registry, and secondly must have had possession of the land for a time of ten years, meeting various conditions. [4] According to author and politician Andy Wightman, Scotland has seen four waves of squatting in which powerful interests stole land from the Scottish people. He names these as feudalism, the reformation, the division of the commonties and the foundation of the royal burghs. [5]

Following the Highland Clearances, land raids occurred across rural Scotland in the late nineteenth and early twentieth centuries. [6] Irish land reform proponent Michael Davitt was enthusiastically received when he did speaking tours in 1882 and 1887. [7] The Vatersay Raiders lived in bad conditions on the islands of Barra and Mingulay so they decided to occupy land on Vatersay. The absentee landlord Emily Gordon Cathcart took them to court and they received two-month prison sentences in 1908. After an uproar they were released and Cathcart paid their travel home. Eventually the state purchased the island and it was divided up into crofts by the Congested Districts Board. [8] [9] The Seven Men of Knoydart carried out a land raid as late as 1948 as part of a publicity campaign for land reform on the Knoydart peninsula. [10] The Colony was a squatted commontie in the Bennachie hills for 100 years starting in the 1930s. [11] In 1946, a squatters movement rose up similar to the one in England and Wales in places such as Edinburgh, Glasgow, Peterhead and Wigtown. Derelict army camps were squatted as well the ex German consulate in Glasgow. [12] The 1865 Trespass Act was used to prosecute squatters. [3] :80

Recent events

Two squat actions were carried out as road protests. The Pollok Free State unsuccessfully fought plans to extend the M77 motorway through Pollok Country Park, whilst a camp at Bilston contested the construction of a bypass. [13] [14] In 2011, the former site of the Forest Café was briefly occupied by 100 people protesting against the lack of community spaces in Edinburgh. [15]

As part of the 2011 Occupy movement, land was squatted by Occupy Glasgow and Occupy Edinburgh. [16] [17] During the 2021 United Nations Climate Change Conference in Glasgow, commonly known as COP26, the derelict Hamish Allan Centre at Centre Street in Tradeston was occupied. [18] The former shelter was renamed Baile Hoose and offered alternative accommodation for attendees of the conference, supported by the COP26 Coalition. [18] Patrick Harvie, Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights, endorsed the occupation whilst Glasgow City Council said the building was unsafe. The council went to court as the owner of the building and a sheriff principal granted a possession order. [19] After four weeks, the activists left the building peacefully. [20]

See also

Related Research Articles

<span class="mw-page-title-main">Squatting</span> Unauthorized occupation of property

Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting occurs worldwide and tends to occur when people find empty buildings or land to occupy for housing. It has a long history, broken down by country below.

<span class="mw-page-title-main">Pollok F.C.</span> Association football club in Glasgow, Scotland

Pollok Football Club is a Scottish football club based in Newlands in the southside of the city of Glasgow. Founded in 1908, the club spent over a century in the junior ranks but now competes in the West of Scotland Football League in tier six of the Scottish football pyramid. They are one of the biggest football clubs operating in Scottish non-league football, regularly attracting crowds of around 700, and drawing over 1000 for big matches. Pollok play at Newlandsfield Park and wear black and white stripes. Their traditional rivals are Arthurlie of Barrhead.

<span class="mw-page-title-main">Pollok Country Park</span> Park in Glasgow, Scotland, UK

Pollok Country Park is a 146-hectare (361-acre) country park located between Shawlands, Crossmyloof, and Pollok in Glasgow, Scotland. In 2007, Pollok Country Park was named Britain's Best Park, and in 2008 it was named the Best Park in Europe, beating competition from parks in Italy, France, Germany, Poland and Sweden. Despite this, by 2019 it was considered that the park was 'underused' with plans drawn up to encourage more visitors.

<span class="mw-page-title-main">Environmental direct action in the United Kingdom</span>

The modern environmental direct action movement in the United Kingdom started in 1991 with the formation of the first UK "Earth First!" group for a protest at Dungeness nuclear power station. Within two years, there were fifty Earth First groups and activists linked with other parties in the road protest movement. There were large camps at Twyford Down and the M11 link road protest. By 1997, the Government had decided to reduce its road-building plans by two thirds.

<span class="mw-page-title-main">Self-managed social centres in the United Kingdom</span> Self-organised anti-capitalist communal spaces in the UK

Self-managed social centres in the United Kingdom can be found in squatted, rented, mortgaged and fully owned buildings. These self-managed social centres differ from community centres in that they are self-organised under anti-authoritarian principles and volunteer-run, without any assistance from the state. The largest number have occurred in London from the 1980s onwards, although projects exist in most cities across the UK, linked in a network. Squatted social centres tend to be quickly evicted and therefore some projects deliberately choose a short-term existence, such as A-Spire in Leeds or the Okasional Café in Manchester. Longer term social centres include the 1 in 12 Club in Bradford, the Cowley Club in Brighton and the Sumac Centre in Nottingham, which are co-operatively owned.

<span class="mw-page-title-main">Squatting (Australian history)</span> Occupation of Crown land in order to graze livestock in Australia

In the history of Australia, squatting was the act of extrajudicially occupying tracts of Crown land, typically to graze livestock. Though most squatters initially held no legal rights to the land they occupied, the majority were gradually recognised by successive colonial authorities as the legitimate owners of the land due to being among the first white settlers in their area. The term squattocracy, a play on aristocracy, was coined to refer to squatters as a social class and the immense sociopolitical power they possessed.

<span class="mw-page-title-main">Dutch squatting ban</span>

The Dutch squatting ban refers to the law introduced on 1 October 2010, under which squatting in the Netherlands became de jure illegal. Criminalization had first been proposed in the 1970s, but was opposed by the Council of Churches. In 2006, a new plan was proposed and backed by parties including VVD and PVV. When the new law was introduced, squatters occupied the former head office of the fire brigade and there were riots in Amsterdam and Nijmegen. In 2011, the Supreme Court of the Netherlands ruled that the legally forced end of squatting can only occur after an intervention of a judge. Between October 2010 and December 2014, 529 people were arrested for the act of occupying derelict buildings, in 213 separate incidents as a result of which 39 people were jailed.

<span class="mw-page-title-main">Squatting in England and Wales</span> Occupation of unused land or derelict buildings in England and Wales

In England and Wales, squatting – taking possession of land or an empty house the squatter does not own – is a criminal or civil offence, depending on circumstances. People squat for a variety of reasons which include needing a home, protest, poverty, and recreation. Many squats are residential; some are also opened as social centres. Land may be occupied by New Age travellers or treesitters.

In the United States, squatting occurs when a person enters land that does not belong to them without lawful permission and proceeds to act in the manner of an owner. Historically, squatting occurred during the settlement of the Midwest when colonial European settlers established land rights and during the California Gold Rush. There was squatting during the Great Depression in Hoovervilles and also during World War II. Shanty towns returned to the US after the Great Recession (2007–2009) and in the 2010s, there were increasing numbers of people occupying foreclosed homes using fraudulent documents. In some cases, a squatter may be able to obtain ownership of property through adverse possession.

<span class="mw-page-title-main">Squat Milada</span> Former squatted social centre in Prague, Czech Republic

Squat Milada is a First Republic villa located in the Libeň district of Prague. Milada was intended to be demolished in the 1980s and deleted from the cadastre. Therefore it was a house which officially did not exist and it became one of the Czech Republic's best known squats, occupied from 1997 until 2009. It was then reoccupied for a day in 2012. Acting as a self-managed social centre and infoshop hosting concerts and events, Milada was also home to a number of people. Despite various plans for the site, as of 2021, the building was standing derelict.

A land raid was a form of political protest in rural Scotland, primarily in the Highlands.

<span class="mw-page-title-main">2021 United Nations Climate Change Conference</span> 26th UN Climate Change conference held in Glasgow, Scotland

The 2021 United Nations Climate Change Conference, more commonly referred to as COP26, was the 26th United Nations Climate Change conference, held at the SEC Centre in Glasgow, Scotland, United Kingdom, from 31 October to 13 November 2021. The president of the conference was UK cabinet minister Alok Sharma. Delayed for a year due to the COVID-19 pandemic, it was the 26th Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC), the third meeting of the parties to the 2015 Paris Agreement, and the 16th meeting of the parties to the Kyoto Protocol (CMP16).

<span class="mw-page-title-main">Squatting in Australia</span> Occupation of land or buildings in Australia without permission of owner

Squatting in Australia usually refers to a person who is not the owner, taking possession of land or an empty house. In 19th century Australian history, a squatter was a settler who occupied a large tract of Aboriginal land in order to graze livestock. At first this was done illegally, later under licence from the Crown.

<span class="mw-page-title-main">Squatting in Ireland</span> Occupying without permission

Squatting in the Republic of Ireland is the occupation of unused land or derelict buildings without the permission of the owner. In the 1960s, the Dublin Housing Action Committee highlighted the housing crisis by squatting buildings. From the 1990s onwards there have been occasional political squats in Cork and Dublin such as Grangegorman, the Barricade Inn, the Bolt Hostel, Connolly Barracks, That Social Centre and James Connolly House.

<span class="mw-page-title-main">Squatting in the Netherlands</span> Occupation of unused land or derelict buildings in the Netherlands

Squatting in the Netherlands is the occupation of unused or derelict buildings or land without the permission of the owner. The modern squatters movement began in the 1960s in the Netherlands. By the 1980s, it had become a powerful anarchist social movement which regularly came into conflict with the state, particularly in Amsterdam with the Vondelstraat and coronation riots.

<span class="mw-page-title-main">Squatting in Namibia</span> Occupation of unused land or derelict buildings without the permission of the owner

Squatting in Namibia is the occupation of unused land or derelict buildings without the permission of the owner. European settlers arrived in the nineteenth century and acquired land, leaving only 38 per cent of land in indigenous hands by 1902. This led to squatting and the Herero Wars, which ended with the Herero and Namaqua genocide. After Namibian independence in 1990, squatting increased as people migrated to the cities and land reform became a goal for those who had participated in the liberation struggle. By 2020, 401,748 people were living in 113 informal settlements across the country. Squatting continues to be regulated by the Squatters Proclamation of 1985; a challenge to this law was dismissed by the High Court in 2023.

<span class="mw-page-title-main">Squatting in Honduras</span> The occupation of unused land or derelict buildings without the permission of the owner

Squatting in Honduras is the occupation of unused land or derelict buildings without the permission of the owner. As the population of Honduras grew from the 1960s onwards, peasants occupied land. The Government of Honduras responded by giving peasants title to land and deporting Salvadoran migrants. The measures had limited success and in the 2010s, squatters continued to self-organise land invasions. The indigenous Miskito people are affected by squatters who practice illegal logging and drugs trafficking.

<span class="mw-page-title-main">Squatting in Albania</span> Occupation of unused buildings

Squatting in Albania began on a large scale in the 1990s after the fall of communism, with internal migration towards formerly collectivised farmland establishing informal settlements. One such area, Bathore on the periphery of the capital Tirana, had 40,000 squatters by the early 2000s who successfully campaigned for better amenities. Other squatters occupied severely polluted post-industrial sites. The Agency of Legalization, Upgrading, and Integration of Informal Zones and Buildings (ALUIZNI) had legalized 16,500 homes on 152 settlements by 2009. As of 2020, 25 per cent of the population of Albania's cities lived in informal settlements.

<span class="mw-page-title-main">Squatting in the Philippines</span> Occupation of derelict land or abandoned buildings

Urban areas in the Philippines such as Metro Manila, Metro Cebu, and Metro Davao have large informal settlements. The Philippine Statistics Authority defines a squatter, or alternatively "informal dwellers", as "One who settles on the land of another without title or right or without the owner's consent whether in urban or rural areas". Squatting is criminalized by the Urban Development and Housing Act of 1992, also known as the Lina Law. There have been various attempts to regularize squatter settlements, such as the Zonal Improvement Program and the Community Mortgage Program. In 2018, the Philippine Statistics Authority estimated that out of the country's population of about 106 million, 4.5 million were homeless.

<span class="mw-page-title-main">Squatting in Thailand</span> Occupation of unused land or derelict buildings without permission of owner

Squatting in Thailand was traditionally permissible under customary law and adverse possession can occur after ten years of continuous occupation. As of 2015, the capital Bangkok had over 2 million squatters, out of a population of around 10 million. A survey of slums across the country noted in 2000 that most were rented not squatted; Khlong Toei District in Bangkok contains both squatters and tenants. There are also squatters in rural areas. The 1975 Agricultural Land Reform Act aimed to redistribute land to poor people under the Sor Por Kor program and as of 2019, 36 million rai of land had been assigned.

References

  1. Stevenson, Robert B. K. (1960). "Notes on Early Agriculture in Scotland". The Agricultural History Review. 8 (1): 1–4. ISSN   0002-1490. JSTOR   40272906. Archived from the original on 2022-06-11. Retrieved 2022-06-11.
  2. 1 2 Reeve, Kesia (2011). Squatting: A homelessness issue. London: Crisis. ISBN   978-1-899257-70-6.
  3. 1 2 Holligan, Bonnie (2014). "Criminalisation of squatting: Scottish lessons?". In O'Mahony, Lorna Fox; O'Mahony, David; Hickey, Robin (eds.). Moral Rhetoric and the Criminalisation of Squatting. Oxford: Routledge. doi:10.4324/9781315815565-5. ISBN   978-1-315-81556-5. Archived from the original on 2022-06-25. Retrieved 2022-06-15.
  4. Boruta, Victoria (2018). "THE POSITION OF THE ESTATE OWNER AND THE ADVERSE POSSESSOR: A COMPARISON BETWEEN ENGLAND AND WALES, SCOTLAND AND THE REPUBLIC OF IRELAND" (PDF). Plymouth Law and Criminal Justice Review. Archived (PDF) from the original on 2022-06-25. Retrieved 2022-06-11.
  5. Wightman, Andy (2005). Land Reform and Land Restitution in Post-Feudal Scotland (PDF). Squatters or Settlers: Rethinking Ownership, Occupation and Use in Land Law. Onati, Euskadi: International Institute for the Sociology of Law. Archived (PDF) from the original on 2019-05-15. Retrieved 2022-06-11.
  6. Boyd, Graham; Callander, Robin; Wightman, Andy (2004). "Common Land in Scotland: A Brief Overview" (PDF). Commonweal of Scotland – Working Paper No. 3 (Issue 1). Caledonia Centre for Social Development. Archived (PDF) from the original on 18 June 2022. Retrieved 15 June 2022.
  7. Howell, David W. (1 June 2013). "The Land Question in nineteenth-century Wales, Ireland and Scotland: a comparative study". Agricultural History Review. 61 (1): 83–110. Archived from the original on 15 June 2022. Retrieved 25 June 2022.
  8. Staff writer(s) (2 July 2008). "Land and Freedom - the Vatersay Raiders". The Scotsman. Archived from the original on 23 May 2022. Retrieved 15 June 2022.
  9. Quinnell, Teàrlach (7 June 2007). "The story of the Vatersay raiders". BBC News. Archived from the original on 14 June 2022. Retrieved 15 June 2022.
  10. "Knoydart, Seven Men of". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/75580.(Subscription or UK public library membership required.)
  11. Campsie, Alison (21 October 2020). "The crofters who 'colonised' a famous Scottish hill for 100 years". The Scotsman. Archived from the original on 15 June 2022. Retrieved 15 June 2022.
  12. Leadbetter, Russell (18 September 2018). "THOSE WERE THE DAYS - 1946: Squatters in revolt". Herald Scotland. Archived from the original on 11 June 2022. Retrieved 14 June 2022.
  13. "Man dies in fire at Bilston Glen protest camp". BBC News. 31 January 2011. Archived from the original on 14 June 2022. Retrieved 14 June 2022.
  14. Routledge, Paul (1997). "The Imagineering of Resistance: Pollok Free State and the Practice of Postmodern Politics". Transactions of the Institute of British Geographers. 22 (3): 359–376. Bibcode:1997TrIBG..22..359R. doi:10.1111/j.0020-2754.1997.00359.x. Archived from the original on 2021-04-14. Retrieved 2022-06-14.
  15. "Protesters stage sit-in at community arts centre". STV. 1 December 2011. Archived from the original on 3 January 2012. Retrieved 14 June 2022.
  16. "Occupy Edinburgh protesters leave Meadows camp". BBC News. 10 February 2012. Archived from the original on 15 June 2022. Retrieved 15 June 2022.
  17. "Occupy protests across the UK as St Paul's demonstration continues". BBC News. 1 November 2011. Archived from the original on 15 June 2022. Retrieved 15 June 2022.
  18. 1 2 Bryan, Anna (3 November 2021). "COP26: Activists occupy former homeless shelter to provide refuge for climate campaigners forced to sleep rough". Scotsman. Archived from the original on 18 November 2021. Retrieved 14 June 2022.
  19. Brooks, Libby (24 November 2021). "Court orders immediate eviction of Baile Hoose squatters in Glasgow". The Guardian. Archived from the original on 13 June 2022. Retrieved 14 June 2022.
  20. Stewart, Catriona (1 December 2021). "'This is not the end': Activists vow to continue campaign as they leave Glasgow squat". Glasgow Times. Archived from the original on 1 December 2021. Retrieved 14 June 2022.

Further reading