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"Nemo Dat Quod Non Habet" - The Principle of Derivative Title at Altnabreac
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AI Generated Image of Land for sale in Ancient Rome From an idea by Harveywetdog |
My understanding is that the Solum claims only apply to the
point where they reach the centre of the earth so you’re probably ok, but of
course you can never be certain. In fact it is believed in some quarters that
the extreme temperatures present at the earth’s core are caused by friction
when all the conflicting Solum claims come into contact with one another. 😉
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On adajacent planning proposals and Scotland's Green agenda
An interesting point and, because both projects were part of Scotland’s Green Agenda (along with restoring the Altnabreac peat lands of course), help fuel the myth of a little man versus the Government machine conspiracy. Of the two you mention I think possibly the logging facility played a part as it was nodded through by the Highlands planning authority shortly after the pair had moved into Station Cottage. Whether or not it showed up on their searches we’ll never know and whether or not the previous occupants got wind of the plan and that is why they decided to sell up we’ll never know either.
What we do know is that as direct neighbours of the development station cottage were not consulted on the plan (the application states neighbours unknown) but it was advertised in the Thurso Gazette (or something like that).
All this is immaterial however as the planning application
has now timed out so it doesn’t look like anyone will be loading logs at
Altnabreac anytime soon.
Another victory for H&A? Possibly. But more likely a victim of the Green Party’s fall from grace North of the border. I’m just hoping Blair Castle now sees sense and reinstates the International Horse Trials - oh hang on what’s this we’re hearing, The old Duke of Atholl left Blair to the occupants of Station Cottage Altnabreac as well ⁉️😉
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On trying to understand Solum rights
Because it is based in a feudal land ownership system, it
can be difficult for those of us who operate under different systems to grasp.
I look at it as a way of a lord giving an underling a piece of land in return
for feudal servitude but at the same time maintaining control of what the
underling could do with it.
Some will argue that Solum rights in Scotland ended in 2004 when they moved away from the feudal land ownership system; this case is interesting because it challenges that assertion. Only time will tell.
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On the claim that NR never owned any land at Altnabreac.
I’ve always assumed it’s a play on the word OWN.
If the railway company didn’t own the Solum rights to their land, and from what Sinclair 2 said they clearly didn’t, could they be said to truly own the railway land they operated over or were they simply tenants? I’m sure there’s a formal definition of OWN under the Scottish feudal system that one of our experts can quote and it may be, within the bounds of that definition, Ms H is correct.
We must not forget that Alex Salmond’s mission in coming up with the act to do away with the Scottish feudal system was to define “Who owns Scotland?”. So you aren’t the first person to ask the question 🤷🦉
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On the suggestion of wrong doings back in Ireland
This is the part of the story that I find it difficult to comment on; I’ve said before family disputes need to be settled in family.
I’m trusting that there has been some independent verification of the facts because we aren’t going to find this part in the land registry of Ireland.
The problem I’ve got is I know that Ms E Howe will have a perfectly reasonable explanation for what’s occurring.
Perhaps now we’ve had the long awaited Solum video we can look forward to the “how I disposed of my father’s house” video next.
🦉🦉
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And finally on the subject of The Principle of Derivative Title in the Scottish Legal System
Is the Black Munch the Scottish equivalent of the Black Belt Barrister?
I assume this is part of the legal advice the Sheriff was keen for H&A to take. If they want to continue to pursue this I guess their argument will need to be the previous owners did own the wider Solum, they just didn’t realise they did. 🤷
In this case, the principle of derivative title (Nemo Dat Quod Non Habet, "no one gives what he does not have") appears designed to protect the true owners of the Solum rights of the Altnabreac railway land, and until someone stands up and says “it’s me” I think H&A will carry on believing it is the owners of Station House i.e. them 🦉
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