Y T T N R E E M P T O R R A P P E Decrofting agricultural land is much more difficult, as D the applicant requires to show that there is no demand for croft land in the area.

It is therefore quite common to have crofts where the croft house and garden is decrofted, but the agricultural land going with it remains crofted. This information contained in this leaflet is general advice only. It cannot be relied upon as a When a croft, or part of croft is decrofted the Crofters definite statement of the law and you should take Commission issue a Decrofting Direction, which specific legal advice on any particular situation. includes a plan showing which area has been decrofted.

Further Information If you are interested in buying a croft property, you should always use a Solicitor (like Georgesons) familiar with the crofting legislation. Almost all of WHAT IS A CROFT? these are located in the crofting areas (Highlands and Islands) although there are a few specialists in some of the larger Glasgow or Edinburgh firms.

For other information about becoming a crofter or crofts generally, you can contact the Crofters Commission, who have a wide range of leaflets available:

The Crofters Commission Castle Wynd INVERNESS IV2 3EQ Tel: (01463) 663450 www.crofterscommission.org.uk 22 Bridge Street 19 Traill Street Wick Thurso Caithness KW1 4NG Caithness KW14 8EG A Large Print version of this leaflet Tel: (01955) 606060 Tel: (01847) 892225 is available on request Fax: (01955) 603016 Fax: (01847) 892235 Email: [email protected] Website: http://www.georgesons.co.uk © 2012 Georgesons Rev. 2/12 What is a croft? transfer, although the final decision still rests with the Use of a Croft Crofters Commission. If this application is refused, A croft is a particular type of small-holding which is The Crofters Commission have a duty to ensure that the sale falls through and the price is returned to the governed by the Crofting Acts. all croft land is being used in accordance with the buyer; otherwise the price is paid over to the seller, Acts. If the property is unused, or improperly used, and the buyer becomes the new tenant. The Crofting Acts were social engineering designed to the Crofters Commission can force the owner to take a ensure that there was land available for small scale tenant, or replace an absent tenant. Nevertheless, Croft Tenancies do give access to a agricultural enterprise and to ensure that rural areas number of grants for agricultural works not so easily remained populated. An administrative body called Use of the land other than for the traditional activities available otherwise, so for many life-long crofters the the Crofters Commission (as of 1st April 2012, the of keeping livestock or growing crops requires special benefits outweigh the complications. Crofting Commission) regulates the occupation of permission from the Crofters Commission. Whether or crofts and ensure that these statutory requirements are not this is granted will depend on various An Owner-occupied Crofter is one who owns a complied with. It also keeps a register of properties circumstances, including the public interest, the whole croft (not just a part). Such a croft can be which are Registered Crofts. interests of the Landlord or the use of the adjacent bought and sold just like any other property. However land. the property is still governed by the Crofting Acts, Physically, a croft will generally comprise of the croft under the continued supervision of the Crofters house and a small amount of agricultural ground, Use of the house and garden simply means living in it Commission. Technically it is "vacant" since there is originally used for subsistence farming or to - however, this does mean that a croft house cannot no tenant, so if the owner does not occupy the croft supplement the income the crofter made in some other generally be used as a holiday home. (e.g. by living in a croft house, or farming croft land), trade. A croft may also have other associated rights, the Commission may impose a tenant. It is possible, such as Common Grazings, or Peat Cuttings, but this Because of the restrictions of use and the with the consent of the Commission to lease a croft is not always the case. Commission's ability to put someone into an empty for up to 10 years without risks normally associated croft, banks will almost never give a loan secured over with a let of a croft. However, care requires to be Types of Crofts a croft. However banks will give loans secured over taken not to allow a tenant in until the Commission decrofted houses (see below) with croft land, usually Crofters can be divided into three types. Namely has given consent otherwise the person may become a based on the value of the house alone ignoring the tenants, owner-occupied crofters and landlords of croft tenant with all the rights that go with that. value of the land. vacant crofts. A Landlord of a vacant croft is either a Landlord of Decrofting A Croft Tenant has a secure tenancy for a a whole croft where, for instance, a tenant has been comparatively low rent. The tenant also has the right evicted by the Land Court for not cultivating for his or Decrofting is the procedure to remove property from to buy the land from the landlord, usually for a fairly (and this only from the 1st October 2011) the owner of the operation of the Crofting Acts, and involves an small sum. part of a croft which has not been divided by the application to the Crofters Commission. Commission. This is a common situation where, for However transferring the tenancy (whether on the instance, in the past, persons have bought a house site, In most cases an application to decroft an existing death of the existing tenant or on a sale) can be a plus an additional two or three acres for a horse. The house and garden will almost automatically be complicated legal matter requiring the assistance of house site being decrofted is not part of the croft but granted, providing it complies with the requirements someone well versed in crofting law. For example the the rest of the land still is part of the croft but has and recommendations laid down for such applications. tenancy must be transferred as a whole, and on the never been officially split by the Commission. The The procedure does take some time, however. death of a tenant there are strict time limits to give current Commission viewpoint is that whilst the croft notification who is inheriting the tenancy. is technically “vacant” if the Landlord lives on the The Commissions current viewpoint with regard to croft, cultivates it, they will not seek to impose a plots with planning permission is that if a house site Buying a tenancy involves making the contract with tenant on you. Again, however, care must be taken and garden ground has planning permission, they will the seller, then placing the price on deposit while an not to allow anyone else a let of the land because that generally decroft it but there is no guarantee. Care application is made to the Crofters Commission, who person will automatically become a tenant. The right must be taken in the application because the advertise the application; the Landlord is also to let the land for up to 10 years does not apply. Commission are extremely restrictive as to how much consulted to see if he agrees or disagrees with the garden ground can go with the house site.