Council sheds light over Fort William "green hut" ownership

In accordance with its constitution FWTT arranged for the transfer of the asset to go to another SCIO, An Ealdhain Arts Trust, but after learning that a change of use would be a lengthy and costly process the art charity transferred it to Fort William Marina & Shoreline CIC (FWMSCIC) to use for storage. 

Last month however the Council changed the locks on the Hut stating that they now owned it under the law of accession - if you fix a loose item to the ground, it legally becomes part of the land and the landowner now owns it.

"We feel that we have been deceived by The Highland Council," said former FWTT trustee Sarah Kennedy, who along with her husband James is also a director of FWMSCIC.

"There was no discussion with us despite FWMSCIC advising them that the Art Group had transferred the asset to them in May."

"They said they owned the Hub but didn’t give any justification and it wasn’t until I got in touch with someone from their legal team in March that I found out about the law of accession."

In response Highland Council have said that the next steps for future use of the site - to transfer the use of the shed for community non-commercial use - had been agreed by Lochaber Area Committee  in January.

"The fact that FWTT funded and constructed the current building is not in doubt," said a Council spokesperson.

"However, as the structure sits on Council land, a lease would still have been required to regularise its use and to define responsibilities.

"As it is anticipated that there may be more than one group that wish to use the shed - a fair process to ensure best value prior to agreeing to any future lease must be undertaken.

"Groups will be invited to outline their plans for the site, the benefit their plans will bring to the community and how their plans align with and deliver against the Area Place Plan priorities."