In an extraordinary legal manoeuvre that has left landowners and legal experts baffled, a pair claiming to be African royalty have launched an audacious bid to seize a tract of Scottish Highland woodland. Their justification? Seeking reparations for atrocities committed over four centuries ago.
The self-styled King Mswati and Queen Ndlovu, leaders of a group calling itself the 'Indigenous People of Western Central Africa', have targeted the 300-acre Drumnahunchil estate near Inverness. They assert their claim through what they describe as a 'legal loophole', filing a 'Notice of Intent to Possess' with the Registers of Scotland.
The Historical Grievance Behind the Claim
At the heart of this unprecedented case lies a tragic historical event. The claimants trace their ancestry to the 'Lost Tribe of Dundas', a group allegedly enslaved by Scottish traders in the 17th century. They contend this land represents a form of long-overdue compensation for these centuries-old crimes.
Legal professionals have been swift to dismiss the claim's validity. Property law in Scotland, like most jurisdictions, does not recognise reparations for historical wrongs as grounds for land transfer. There exists no legal mechanism for seizing private property based on events occurring hundreds of years in the past.
Landowner's Bewilderment and Legal Reality
The current landowner, who wishes to remain anonymous, has been left perplexed by the claim. Their representatives have confirmed the documentation has been received but are treating it as a curious anomaly rather than a legitimate legal threat.
Property experts emphasise that Scottish land law is clear and unequivocal. Adverse possession laws, sometimes used to claim abandoned land, require factual, continuous, and unchallenged possession for at least ten years. A paper claim based on historical grievance meets none of these criteria.
A Broader Conversation on Reparations
While the legal claim itself holds no weight, it has inadvertently ignited discussions about the complex and sensitive issue of historical reparations. The debate over how modern societies should address the injustices of colonialism and slavery remains a potent and divisive topic.
However, as one legal scholar noted, 'The courtroom is not the venue for settling 400-year-old historical accounts. While the moral conversation about reparations is important, it must be pursued through political and diplomatic channels, not through spurious property claims.'
This bizarre case serves as a strange footnote in Scotland's property history—a well-intentioned but profoundly misguided attempt to rectify history's wrongs through a legal system not designed for such a purpose.
