Crofting Reform (Scotland) Act 2007

Changes Introduced by the Crofting Reform (Scotland) Act 2007

The Crofting Reform Act 2007 amends the Crofters (Scotland) Act 1993. The Act introduced a number of legislative changes, which are briefly summarised below. Macleod & MacCallum can provide advice and guidance on all aspects of crofting law. Please note, however, that the information detailed below must not be construed as legal advice.

Changes to Existing Regulatory Applications

Subletting

In contrast with the position under the previous legislation, a sub-tenancy now comes to an end if the croft is assigned, divided or exchanged if the crofter gives notice (at least six months notice) to the sub tenant. The sub-tenant can apply to remain for up to one year.

A proposed sublet for more than 10 years will require the consent of both the landlord and the Crofters Commission (the Commission).

Apportionment

Can now be temporary, and can be extended by the Commission.

Assignation

Previously, the consent of the Commission was not required for family transfers of tenancy. The Commission must now consent to all applications in respect of tenancy changes.

If the proposed assignee lives more than 16 km from the croft, is the tenant or owner of another croft, is a member of the grazings committee for that township, or lacks the knowledge or ability to cultivate the croft, then the Commission will intervene in the application process.

Division (formerly sub-division)

The landlord’s consent is no longer required.

New Types of Regulatory Application

Creation of New Crofts & Extension of Crofting Tenure

Application to Crofters Commission is required.

Creation of New Common Grazings

Application to Crofters Commission is required.

Exchange of Croft Land

The consent of both the landlord and the Commission is required.
The crofters exchanging must share a common landlord (of both croft land and grazing share).

Removal of Land from Crofting Tenure

Resumption of Land

A landlord must notify the Commission that an application has been submitted to the Scottish Land Court.
Land may now be resumed temporarily, and may be extended.
“Reasonable purpose” now includes generation of energy.
Compensation or the crofter’s share of market value can now be paid by the landlord in instalments.

Decrofting of Land

The Commission can make an order returning the land to crofting tenure if conditions imposed are not met.
Access to the remainder of the croft must be maintained.
A crofter who applies to decroft the site of the dwellinghouse house must notify his or her landlord.

Other Changes

Breach of Statutory Conditions

The Commission can now take action against a crofter who is in breach of the statutory conditions.
Ultimately, by application to the Scottish Land Court, the crofter’s tenancy can be terminated, the croft declared vacant and the crofter removed.
The landlord or the Commission also have powers to deal with misuse or neglect of a croft.

Resolution of Boundary & Access Disputes

The Scottish Land Court can now identify a boundary and grant an order for access to croft land.

Crofting Community Right to Buy

A crofting community body can now buy the interest (insofar as it relates to the eligible croft land) of any interposed tenant under an interposed lease.

Forestry on Common Grazings

The landlord of a common grazings now has limited rights to object to crofter forestry proposals.
Joint forestry ventures involving landlord of a grazing and shareholders are now possible.

Schemes for development

Allows development with minimum impact on use of land for crofting.
Application to Scottish Land Court is required.

Succession

Significant changes have been made to procedure in cases of both succession by bequest, and intestate succession.

Definitions

The 2007 Act provides a new definition of “crofter’s family” and defines “crofting community” for the first time.

Regulatory Decisions

All Commission decisions can now be appealed to the Scottish Land Court.
All applications in respect of tenancies:

1. Must be accompanied by a scaled plan of the croft;
2. Must be publicly advertised in a newspaper (paid for by the applicant).

For further information please feel free to call us on 01463 239393 or e-mail a member of our Rural Land team below.

Contact  Eilidh Ross

              David Findlay