Thanks for the reply sindakit, its helpful to know where Im not being clear on the videos. The book is a little more elaborated but theres even a bit in that thats purposefully unclear with regard to crown land, and thats a whole new thread.
I'll try to address the shortcomings of the videos which you have mentioned to try and make things a little clearer and hope to provide a video which will address these shortcomings for everyone.
1. I am not taking the "legal" route, I am taking the "lawful" route, but I am doing it in such a way that it either complies with the legal side or finds a way around the need for legal requirements. The land I have claimed was hitherto unclaimed (afaik - and I have did alot of research on it), therefore the simple lawful requirement is that no one is being injured by my action of claiming it. I recognise that not only are the courts recognising law, but also a pseudo law of their own - aka legislation - the plain fact is that regardless of whether I agree with legality or not, they have the brute physical capability to enforce it against me, and I dont want to waste twenty years of my life, when it ends up with big fight scene at the end with me armed with a wooden stick and a notorious possession, and the PTB armed with a tank and some legalised reason to kick me off my land. Thus, its not that I am complying with the legal side, I am just making sure they cant use some legal loophole to take whats mine by lawful right.
2. The above point 1 has overlap with planning control, who inspite of the fact that the land is private property (well as private as land gets in the scottish side of britain), the planning "authorities" (legally) can still make enforcements, so I dont intend doing any construction without "planning permission", unless of course its a construction that doesnt need planning permission, or of course if I happen to lawfully construct something that I do need planning permission for and I dont realise that I needed planning permission for four years after which they cant enforce against it, but I wouldnt do that if I knew I needed planning permission to do that would I?
3. The twenty year "validity" thing is pretty close to the legal side of things, pursuant to section 2 of the Prescription and Limitations (Scotland) ACT 1973. The law, as you and I see it, would be down to injury to other parties. The legal side also recognise the validity of such a claim the moment it is made, provided there is a deed. The only thing being that they will also accept a challenge to such validity for a period of twenty years, after which they will no longer accept any challenge. That is to say that if someone comes along after 19 years with a legal title, the courts and the threat of violence that they contain, will assure a former title holder maintains their legal title. After 20 years have passed, the former title holder is forgotten and the validity cannot be challenged. Ideally then, you are looking for land which it is likely no one owns, so that it is unlikely someone will come along who can legally challenge you.
4. The trespass act in scotland, is specific with regard to people who do not have the "owners consent". The notice of title makes the land claimant the effective owner. The notice of title counts as a deed for the purposes of the 1973 act, but so far I can find no case law wich either supports the legislation or dismisses it, so Ive hardened my claim so its now also the subject of a conveyance in my favour, which the courts will accept as an "a non domino" conveyance should they digress from the legislation in respects of the notice of title - the conveyancing act states that "for the purposes of registration" the notice of title pro-forma there provided CAN be used ("or as near as may be" in such form). I do not need to register because my land claim is not the subject of "consideration", standard security(mortgage) or heritable security(building). If it is argued that the notice of title is invalid due to some defect with conveyancing act, Ive got an "a non domino" conveyance to fall back on. So for the effects of the tresspass act 1865 (which it is fair to say is not accepted by the people of scotland, who mostly beleive there is no such thing as trespass in scotland), I have the legal title, my consent for my own actions is automatic.
The trespass act in scotland (if the lack of consent was not an issue) makes it an offence (fine of £50 max) to encamp on land or to light fires on land near a road or any cultivation WITHOUT THE OWNERS CONSENT. There are no roads nearby and the land itself is at the present uncultivated - at least for centuries.
The lack of cultivation is a prime target for researching a piece of land. Historical references if any can be found is also of use, and the fact that no one has ever registered the land in either of the scottish land registers are also important factors. Do what you can do to find the owner without giving away your intentions to claim it, and if your sure no one owns it, claim it, provided you accept the 20 years of risky ownership, after that, the legal world wont touch you.
sindakit wrote:Hey stephen,
Good job on the headway you made with a land claim in Scotland. I got the book but yet to read it aslo watched the vids you posted up on youtube.
I'm just a bit confused as to why, as a Freeman, you went through the legaslitive process and not tried to claim on lawful methods alone. I assume you were covering bases but won't that mean your subject to their rules?
In a video you mentioned holding a donkey for a year would be valid claim for that donkey in roman times and 2 years for land, did I pick that up right!? Why not go with this route?
Also, why are you starting to build on the land if you have to wait 20 years, leaving the land unharmed while you claim and there's a Tresspass Act that could be used should an owner (or more likely a govt stooge posing as one) pop up?
and why have you posted you have aquired the land when you're claim still has 20years to be validated?
If it's all in the book I'm sure I'll come across the reasons you have did these things but these were the first things that popped in my head. I must admit, I know very little, actually nothing, about land claims but being free and able to claim an area of land on which to dwell self sufficiently intrests me lots. I live in dundee and would happily help out or even start a claim near here but I have lots to learn.
When you do start constructing houses I'm guessing you'll be trying to go along the lines of earthships for buildings?
Sorry for all the Questions lol
