(For official use only) PE1297 PUBLIC PETITION NO.

1. Name of petitioner Ranald Alasdair MacDonald of Keppoch 2. Petition title Ur Dutchas: Clan lands reclamation 3. Petition text Calling on the to urge the to investigate Scottish land ownership and tenure under the ‘Dutchas/Duthchaich’ or ‘native title’ system of land tenure 4. Action taken to resolve issues of concern before submitting the petition I have studied and researched the question of reclaiming my Clan territory under the authentic and ancient laws of Ur Duthchas. This is the oldest Scottish legal form of land tenure and it is hereditary. It is equivalent to what is also a most ancient form of land tenure “Native Title”.

I have made a CD recording of my talk on Ur Duthchas that I prepared for the International Clan Gathering 2009 in . A written version of the subject of the talk has also been printed and is available online at our Clan website macdonaldofkeppoch.org

I am in touch with Professor Robert Rennie Glasgow University who chaired a committee concerning the abolition of feudal land tenure. He has offered his opinion on the above question after consultation with his academic colleagues and the Lord Lyon and has agreed to continue his researches on this important public question.

I have also contacted MSP’s Kenny MacAskill and on this subject giving them both information on my Petition. 5. Petition background information I have known for many years that our Clan Territory has been usurped and I set my sights on investigating how if could be recovered. I know it could be recovered from my knowledge of Scottish/Highland history.

It is my intention to follow this through until success is achieved.

Since the Abolition of the Feudal System (Scotland) Act 2000 is now on the

1 Statute Book, and the question of Udal land ownership and land tenure was raised and discussed by the Parliament during the Bill’s process, Udal law was allowed to remain effective and not abolished by the Act. Udal law and Ur Dutchas/Duthchaich law have the same legal standing yet Ur Duthchas/Duthchaich was not given the same opportunity as Udal law for discussion during the Bill’s process as no one raised the subject.

What I am seeking is further legislation or an extension to the existing abolition of the feudal system to correct the anomaly that exists and bring into line the same principles used in the other three countries referred to.

As explained in para.3 no official government policy exists today. However, the Udal system still in use in Orkney/Shetland has been the subject of government policy through the Abolition of the Feudal System (Scotland) Act 2000.

Udal tenure derives from the Norse legal system which applied in the islands when they were part of the Norwegian kingdom. Although the islands are now part of Scotland, udal law has never been formally abolished in Orkney and Shetland. In principle, it therefore still applies insofar as it has not been superseded by UK or Scots law. In practice, however, udal law now applies only to certain aspects of land tenure. The nature of udal tenure is that it is allodial. A landowner holds an absolute title, free of any interest of the Crown or any intervening superior. There is no concept of feudal grant or feudal relationship, and it is doubtful whether udal law allowed for a concept of title burdens. Udal land was subject to an annual payment known as skat; since the passing of the Land Tenure Reform (Scotland) Act 1974 this has been subject to the same redemption provisions as feuduty. Under udal law, there is no requirement for written title deeds; a good title can be obtained by possession and succession. However, only a very small proportion of land in the islands is now held without written and recorded titles.

The foreign Feudal System introduced by William of Normandy and imposed on Scots was abolished under the aforegoing Act and Udal Land Ownership and Land Tenure was left intact.

What I am seeking is further legislation or an extension to the existing Abolition of the Feudal System (Scotland) Act 2004 to correct the anomaly that exists and bring into line the same principles used in New Zealand, Australia and North America. Some of the lands that were usurped, ‘stolen’, from the indigenous peoples of those lands have been restored. The instrument used in each case was "Native Title" and as already explained, Native Title is equivalent to Udal Title and Duthchaich Title. 6. Do you wish your petition to be hosted on the Parliament’s website as an e-petition? NO 7. Closing date for e-petition

8. Comments to stimulate on-line discussion

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