Crofting Law is a rapidly changing and complex body of legislation and contains many unusual features which do not occur elsewhere. Tait & Peterson has many years of experience acting for individual crofters and also for landlords of crofting estates. Our senior partner Eric Peterson has been accredited by the Law Society of Scotland as a Specialist in Crofting Law (2006-2012). Mr Peterson, along with the other members of our firm, can provide assistance to you in the purchase and sale of crofts and agricultural land as well as the assignation or sale of croft tenancies.
We can provide advice on the following:-
Certain croft transactions (such as purchases (of whole croft or sites thereon), assignations of tenancy, decrofting applications & more) now trigger compulsory registration of the croft in the Crofting Register maintained by the Land Register of Scotland. This is a free-to-search, public register of crofts, common grazings, and land held runrig. The Register is map-based and contains information on the tenant or owner-occupier crofter on the land, as well as the landlord and/or the landowner of the registered land. Voluntary registration is also encouraged. The Crofting Register is separate to the register of crofts maintained by the Crofting Commission.
We can provide advice concerning registration of your croft and, if required, can prepare and submit the registration application on your behalf.
Rules relating to bequests of croft tenancies are very specific and tightly framed so expert advice is of particular importance to ensure that bequests are not ruled as invalid. Incorrectly worded Wills can be ineffective and result in the bequest of a croft tenancy going to someone other than the person intended. We can advise on and prepare a suitable Will to avoid this situation and the possibility of future disputes.
We can also provide advice on matters such as decrofting and land resumption which require liaison with the Crofting Commission and the Scottish Land Court. Several clients have been successfully represented in reported cases in the Land Court.
If you require advice or further information, please contact us