The Friends of St Fittick’s Park has received independent legal advice supporting the position that the land comprising St Fittick’s Park and the surrounding wetlands is likely held in trust by Aberdeen City Council—not as general corporate property, but as part of the historic Lands of Torry Trust.  

The Torry based campaign group believes that the Council is Trustee and not corporate owner of this land. This means that the Council’s current proposals to lease or develop it—including agreements with the Energy Transition Zone developers —may conflict with the fiduciary duties imposed by Scots trust law and the terms of the Trust Constitution itself.   

Friends of St Fittick’s Park have been fighting for over 5 years to protect Torry’s last accessible greenspace from being turned into a so-called Energy Transition Zone. The group are now warning potential developers that they should “take no irreversible steps affecting the site until legal clarity is achieved.” They also urge the Council to publish a full schedule of land it holds in trust and come clean about any leases signed or proposed for land held in trust.  

Long time member of FoSFP, Ishbel Shand said:  

“We have acted on legal advice, and we believe much of the land in and around St Fittick’s Park, including the wetlands, and coastal strip—falls within the court-confirmed boundaries of the reserved portion. We call on Aberdeen City Council to finally publish the land schedule it ordered to be prepared at full council meeting on 5th February 2025, and to suspend all transactions pending proper judicial clarification.”  

 This Trust originates in 18th-century mortifications (money and land gifted for charitable purposes). In 1876 the “reserved portion” of Trust Land was judicially restored after the Court declared a 1797 sale by the burgh “illegal and null and void.” The judgment precisely describes the Trust lands as:  

“that slip or piece of moor and pasture ground… lying along Girdleness and Bay of Nigg, interjected betwixt the lands of North Kirkhill and South Kirkhill on the west… and the sea on the east; and betwixt the north-east part of North Kirkhill on the south, and the south pier of the harbour of Aberdeen on the north.”  

St Fittick’s Park lies within this described coastal corridor, adjacent to the Bay of Nigg and south of Torry.  

Aberdeen City Council itself has, in a Freedom of Information response (FOI-741769117) earlier this year, admitted that “a strip of land along the Bay of Nigg… is held in trust”, while stating it “cannot identify other areas with certainty.” This admission confirms the existence of trust land in the area—but raises serious questions about stewardship.   

In the absence of legal clarity, the Friends of St Fittick’s Park wish to put all parties on notice that:  

Any transactions, leases, or development activities affecting land within the judicially described boundaries of the reserved portion may not be entered into in good faith if they disregard the unresolved trust claim.  

This warning is issued in the public interest and based on legal advice. It is not an assertion of final legal title, but a call for due diligence and caution.  

The Friends of St Fittick’s call on contractors, developers, and public bodies to:  

• Exercise due diligence regarding land status,  
• Take no irreversible steps affecting the site until legal clarity is achieved.  

They also call on Aberdeen City Council to:  

• Immediately publish a full register of land it holds as trustee,  
• Confirm whether any leases or agreements over trust land have been signed or proposed,  
• Cease further actions that could prejudice the outcome of future legal proceedings.

If you’d like to donate to our campaign, you can either sign up for our mailing list or reach out at  FriendsofStFitticksPark@proton.me for appropriate details