Changing land tenure patterns in Scotland: A time for reform?

Land tenure patterns throughout Britain have changed significantly. The popularity of the traditional agricultural tenancy has declined and in response to legislative and policy developments landowners have become reluctant to enter into long-term tenancy arangements with tenants. The result has been a growth in a number of short term leases. In response, legislative reform took place in England and Wales during 1995 and introduced a farm business tenancy. It provides for greater freedom to negotiate individual agreements. However, Scotland has been excluded. This paper illustrates that Scotland has experienced similar changes to those observed elsewhere and that the main short term lease (limited partnership tenancy) currently popular with Scottish landowners is fraught with legal and administrative difficulties. The limited partnership tenancy is not a suitable alternative to the traditional agricultural tenancy and as such there may be a case for the extension of the farm business tenancy to Scotland.