New Laws

News & Views

These pages are published to help you keep up to date with some of the new and old laws, governing crofting.
Possible new tenants and applications in your township. Crofting tenants and shareholders.
Plus much more public published information available through many sources.

 

NEW DECEMBER  2011

DID YOU KNOW THAT PRIOR TO 2011 IF YOU WERE BEQUEATHED A CROFT, (LEFT IN A WILL)
YOU HAD TO, AMONG OTHER THINGS,

  1. INFORM THE CROFTERS COMMISSION AND LANDLORD WITHIN 4 MONTHS AFTER THE DATE OF DEATH AND YOU TAKING THE CROFT OVER, SUCCESSION
  2. IN EXCEPTIONAL CIRCUMSTANCES  WITH  PERMISSION FROM THE CROFTERS COMMISSION ,INFORM THE LANDLORD WITHIN 10 MONTHS AFTER THE DATE OF DEATH THAT YOU WERE TAKING THE CROFT OVER, SUCCESSION.
  3. CONFIRM ANY WILL IN COURT, WITH EVIDENCE, WITHIN 12 MONTHS FOR IT TO BE VALID.

      

HOWEVER, IF YOU DID NOT CARRY OUT NUMBER 3, THE BEQUEATH, (WILL), IS NO LONGER VALID AND THE ESTATE FALLS INTO "INTESTACY" , (NO VALID WILL) . 
THIS THEN ENDS UP WITH THE ESTATE BEING DIVIDED UP BETWEEN BENEFICIARIES AND UNLESS THE PERSON THAT WAS BEQUEATHED THE CROFT IS ONE, THEY DO NOT HAVE A CLAIM. 

2012 

The Scottish land court recently issued a response regarding Croft's and Shares.

Their decision is that  A Croft's and its Shares are deemed to be separate identities and thus can be separated from the Croft to which they were originally related to and thereby are able to be held as separate units...

However, to put in laymans terms,

 " a share can be assigned separately from a croft, but although a grazings share can be dealt with as a separate entity, where a croft is tenanted, the share forms part of the croft unless separated from the croft being purchased, by the sitting tenant or the share being assigned with Crofting Commission approval".

All Registration to the new Crofting Register is voluntary up until November 30 2013.
After that date, it is compulsory.