Common Good Register

Register of Common Good Properties

Section 8 of the Community Empowerment (Scotland) Act 2015 imposes an obligation on Local Authorities to establish and maintain a pdf icon register of property [190kb] which is held by the Authority as part of the Common Good. Only property held by former Burghs can be considered as part of the Common Good. The five former Burghs in North Lanarkshire are:- Airdrie, Coatbridge, Kilsyth, Motherwell and Wishaw.  Land acquired by one of the five Burghs on or before 15 May 1975 could be considered part of the Common Good Fund if they meet certain criteria (although this list is not exhaustive):

  1. the title deeds specify that the area of land or building is to be held or gifted to the community;
  2. the land has been used by the general public for a public use a number of years, and
  3. the land, building or artefacts was gifted to the community, usually for a specific purpose.

As there is no clear definition of Common Good within the Act, it can be difficult to determine whether or not a building, area of land or artefact comes under the umbrella of Common Good. Establishing what property is Common Good can only be determined by researching the facts and circumstances of its acquisition and its subsequent use. We have therefore completed an initial list of what assets we believe may be part of the Common Good of North Lanarkshire. This initial list is not intended to be exhaustive and is a live document which will change and be updated periodically to reflect enquiries and representations we have received and to identify other land or assets which may be Common Good.

We published the initial list in May 2019 and thereafter carried out a consultation and responded to enquiries which had been received. The list has not been updated since it was first published in May 2019. We are continuing with our title investigations and aim to complete the Register by the end of September 2020.

It should be noted that for artefacts rather than buildings and/or land, as there are no Title Deeds it may be very difficult to give a definite answer and the list includes all items held by Culture and Leisure NL LImited which have an affiliation to the Burghs. As we have stated this is a 'living' register and any additional items which are identified as Common Good will be added to the register, and any items which are deemed after investigation not to form part of the Common Good will be removed.  The Council therefore reserves the right to amend the register at any time.

Please use the 'contact us' box if you have any questions. For more information, see 'related pages', 'downloads' or 'other useful websites'.

 

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