Tracey Milton has spent the last two years fighting to remain at her smallholding in the Scottish Borders. This week, she finally won. Against all odds, she secured the right to stay on the land she purchased in 2023, despite an eviction battle that nearly forced her out.
A Purchase That Came With Hidden Problems
Four months after moving into her new home near Selkirk, enforcement officers arrived at her static caravan with bad news. The residential permission granted to the previous owner had expired, and she was expected to leave.
Despite hiring a solicitor to handle the purchase, this crucial detail was never disclosed. What should have been a fresh start quickly turned into a legal nightmare.
Fighting to Stay With Her Animals
Milton’s smallholding isn’t just her home—it’s a sanctuary. Since moving in, she has taken in about 140 animals, including rare-breed sheep, alpacas, horses, tortoises, and even a parrot. She never imagined having to fight to keep them safe.
“I didn’t buy this land to have two years of worry and sleepless nights,” she said. “But it now feels like it’s been worth it as I can stay.”
The previous owner, Muriel Aldin, had also faced legal trouble over living on the land. She was initially refused permission in 2004 but later won an appeal. That history wasn’t enough to prevent Milton from facing the same battle.
The Long Road to Victory
The Scottish Borders Council (SBC) initially refused Milton retrospective permission to live on the site. Even when she appealed, planning officers recommended denial, citing multiple breaches of policies on countryside living.
The process dragged on, but she wasn’t alone. The local authority’s review committee stepped in and gave her time to present her case in person.
During this week’s hearing, Councillor Marshall Douglas noted that the situation was largely due to issues from the previous owner. He believed Milton wasn’t at fault.
After a lengthy debate, the committee voted 6-2 in her favor. She now has the right to remain on her land for life.
What This Means Going Forward
Milton’s victory doesn’t just secure her future—it establishes a legal precedent. Under a new agreement, residential permission will not terminate when she leaves the land.
That decision brings her much-needed relief.
“Staying somewhere like this has been a dream of mine since I was a small girl,” she said. “The opportunity to take in animals that no one else wanted was perfect for me. But the dream quickly turned into a nightmare.”
Now, it’s finally a dream again.