Crofting Conveyancing

Since 1976, crofters have been able to negotiate a title deed from their landlord to a part or the whole of their croft.

This means that in addition to the various ways of transferring a croft tenancy (see Crofters Commission Applications), it is also now possible for a crofter to purchase the croft from their landlord (see Croft Purchase) and thereafter deal with their croft as an owner occupier, by transferring title.

An owner occupied croft may be transferred either in part or in whole. It is important to note that the status of the land as croft land is unchanged, and it will remain subject to regulation unless and until an area is removed from the scope of crofting legislation by either decrofting or resumption.

“Nominee” conveyances of croft land have been available since the case of Whitbread v MacDonald was decided by the House of Lords in 1992. It has been possible since then for a crofter to take title to his croft or to a part of his croft in the name of a third party (the “nominee”). The principal benefit of the nominee procedure is to the crofter, who will not be liable to pay clawback to his landlord. Nominee transactions are complex and it is essential to ensure that the interests of crofter, landlord and nominee are protected. 

Contact  David Findlay

              Eilidh Ross