The PAIRC BUYOUT
A LONG AND TANGLED SAGA
The history of the Pairc community purchase of Pairc Estate in Lewis is a long and tangled saga, beginning in early 2003 and eventually reaching a successful conclusion at the end of 2015. From the beginning, Pairc Trust would have preferred a voluntary agreement with the landlord to buy the Estate on behalf of the community, but this was not possible in the early years. Therefore, we concluded that the only lever we had to try to effect a purchase was to use Part 3 of the Land Reform (Scotland) Act 2003.
KEY MILESTONES
At various times during the nearly 13 years of the buyout, the landlord entered into discussions about a voluntary transfer. However, it was only in 2013, following the Court of Session’s rejection of the landlord’s appeal against the Scottish Government on human rights grounds, that serious discussions got under way again and eventually came to fruition in December 2015.
Some of the key milestones in the long story since 2003 are set out below:
2003
The Pairc Trust is established to pursue a community buyout of the Estate.
2004
A public ballot is held which confirms the local community's support for the buyout.
2005
An application is submitted under Part 3 of the Land Reform (Scotland) Act 2003 for part of the Estate, but the legality of an interposed lease set up by the landlord is referred to the Land Court.
2007
The Land Court finds that the interposed lease is legal and Land Reform Act amended to give communities the right to purchase such leases.
2007-2009
The landlord agrees to discussions about a voluntary transfer, but eventually the Pairc Trust conclude that the landlord is delaying in the hope that a commercial wind-farm project is approved and the value of the Estate is greatly increased.
2009
A second public ballot approves community support for updated Part 3 applications to purchase both the Estate land and the interposed lease.
2010
Applications for the purchase of the land and interposed lease are submitted to the Scottish Government, taking into account changes in legislation.
2011
Following lengthy consultations, the Scottish Government formally turn down the now outdated 2005 application and approve the updated 2010 Part 3 applications. However, the landlord appeals against the Scottish Government’s decision and the valuation process is stopped. The appeal is heard in the Stornoway Sheriff's Court and is referred to the Inner House of the Court of Session.
2012
The Court of Session rejects first part of landlord’s appeal against the Scottish Government on Human Rights grounds.
2013
Discussions resume on a voluntary transfer of the whole Estate. Non-binding Heads of Terms are agreed and endorsed by the community, and a fund-raising campaign is launched.
2014
A third community ballot approves a draft offer to purchase the land and lease based on the Heads of Terms.
The fund-raising campaign continues, and a detailed, expensive, and time-consuming mapping exercise is carried out to meet Register of Scotland requirements.
2015
Following extensive legal negotiations, missives are exchanged for the whole Estate and interposed lease. The Date of Entry depends on settlement of the landlord’s reasonable legal expenses, which are referred to an Interim Auditor who makes their determination on 5th November.
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The funding package is finalised on 30th November, and title to Estate formally taken by the Pairc Trust on Friday 4th December 2015.
The Written Story of The Pairc Estate Buyout
Dr Bob Chambers has written a thorough account of the challenges and obstacles faced by the Pairc community during the buyout of the Estate, and what can be learned from the experience by both crofting communities and policymakers.
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Dr Chambers is a leading crofting historian specialising in land settlement and contemporary community ownership schemes in the Outer Hebrides.
