Crofting law solicitors

There can be pitfalls for crofters, landowners and developers alike in trying to develop on Croftland. If the crofter is developing project then an application for decrofting may be appropriate.

There may also be opportunities for the crofter to develop without decrofting or indeed owning the land, and we have advised on regulatory applications to the Crofting Commission to facilitate all sorts of development.

In other cases, for example a landlord developing an application may need to be made to the Land Court, and we have advised on all types of applications to the Scottish Land Court.

For third parties the correct legal approach may depend on whether it’s a crofter of landlord who you are dealing with so it is important to take early advice.

We are experienced in all types of applications to the Crofting Commission including advising on Decrofting applications, apportionment applications, assignation, succession, division, letting and sub-letting and all other dealings with the Crofting Commission.

We have particular expertise in advising on the Community Right to Buy, and the Crofting Community Right to Buy under the Land Reform (Scotland) Act 2003 and 2016. We have advised many community bodies and indeed landowners on the application of the legislation. In addition we have advised on community buy-outs which have proceeded outwith the terms of the legislation.

We have particular expertise in crofting and renewables. Quite often renewables projects in the Highlands and islands are on croftland and crofting common grazings.

Projects are therefore likely to require a form of consent from the Crofting Commission, depending on the size of the project and who is developing. We have particular expertise on Section 19A “Scheme for Development” applications.

We have advised on croftland renewables projects both large and small. Some have proceeded through applications to the Crofting Commission, and some have required land Court consent.

We have advised both (i) landlords; and (ii) crofting tenants on the sale and purchase of crofts under the crofting rights to buy. We have advised on sales outwith the terms of the Crofters (Scotland) Act 1993, and indeed have advised on applications to the Scottish Land Court under the crofting right to buy.

When part of a croft is being developed or sold, whether that is the croft house, or another part of a croft, or even where a mortgage is required, then it may be appropriate to remove the land in question from crofting regulation.

There is more than one approach to remove land from crofting regulation and we are experienced in both resumption application to the Scottish Land Court, and application for decrofitng to the Crofting Commission.

We have acted in both the sale and purchase of crofting estates (either whole or parts of crofting estates). We have advised landowners’ who are selling, prospective owners who have purchased, and indeed Community Bodies who have purchased crofting estates.

The plan based Register of Crofts have meant that boundary disputes have become more common place, or have been brought to the fore. We are able to advise on the amicable resolution of these boundary disputes and indeed challenges to croft boundary registration to the Scottish Land Court.