Legal Matters

A Whole Allotment Of Love

With Joyce Moss – Mitchells Roberton Solicitors

Gardening is (apparently) the new Rock ‘n’ Roll. If, however you don’t have your own garden, you can rent one. Enter the allotment. These are every bit as popular and sought after now as they always have been, although perhaps now more as a hobby than a necessity.

The provision and regulation of allotments in Scotland started in the late 19th Century but really took off after the Great War, with several Acts passed between 1892 and 1950. Looking at them now, these Acts appear quaint, but they provide a glimpse of what it took to feed yourself and your family at the time.

However, the Acts were also confusing and contradictory. Part 9 of the Community Empowerment Scotland Act (2015) now contains the relevant law in one neat package, but here’s some grass roots points to consider:

-Gardening provides relaxation and exercise as well as fresh produce;
-You will need to maintain your allotment (mind your back) and you could lose it (the allotment) if you don’t;
-Rent must be paid promptly;
-You can’t trade from the allotment;
-Bonfires and livestock (if permitted at all) will have specific regulations so make sure you check your tenancy agreement and comply with it;
-Access may not be great – make sure your allotment suits you and your circumstances;
-Don’t take on more than you can manage; and
-Dig it!

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NOTE: This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. If you would like us to advise you on any of the matters covered in this material, please contact 
Joyce Moss:

Mitchells Roberton Solicitors
George House, 36 North Hanover Street

0141 552 3422

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