Author Topic: Crofting census (Read 5794 times)

fiestyredhead331 · « **on:** December 12, 2014, 11:19:39 am »

when the census forms for the croft didn't turn up I phoned the CC to request them to be told that they had sent them to the tenant (unfortunately still my husband!) who resides in the UAE and has done for the last 5 years.
I explained to them that he has no idea what happens on 'his' croft as he hasn't seen it for 5 years so they agreed that yes I could fill in the forms but to add a covering letter stating why I had filled them in and signed them.
I thought I might give the CC a ring this morning and find out what my position is regarding the croft to be told that depsite him being absent for so long, unless another crofter in the parish reports him to the CC they won't do anything about it anytime soon. Now I can't report him seeing as I'm not a 'crofter' as they see it as I am not the tenant, which I admit made my blood boil sothey suggested I go to the grazings clerk and ask her if they can help.
I have now decided before I try going down that route, to email himself and ask him to re-assign the croft to our eldest so then he can sub-let it to me. If that doesn't work then I don't know which way to go as I have to be careful not to rock the boat too much and have him assign the croft to a complete stranger which he could legally do and I wouldn't put it past him, then I'm left with a load of homeless livestock.
sometimes just feels that despite all the work I have done it could be for nothing and people like him get away with it

Garmoran · « **Reply #1 on:** December 12, 2014, 02:09:16 pm »

The situation certainly seems daft, and would suggest that, despite all the serious talk of croftland having to be used and cutting down on absenteeism, the CC either hasn't grown any new teeth or is reluctant to use them (no budget for legal costs, perhaps?)

Still, I would look at your chance to fill in the census as an opportunity to 'legitimise' your position. If you can document a track record that shows you personally have been resident on the croft and working it, there should be a strong case for demonstrating that you are the de facto tenant. In my experience the CC usually consult the grazings committee for input if someone attempts to assign the croft to someone who is not a family member, so it is worthwhile having a good relationship with the members of the grazing committee.

Take heart in the fact that the expression "possession is nine tenths of the law" is especially true of a croft

fiestyredhead331 · « **Reply #2 on:** December 12, 2014, 02:40:57 pm »

thanks for that Garmoran but if it was only that easy

the CC give the tenant 'every opportunity'....(nevermind me!) to sort the tenancy out themselves so he could buy the croft and then sell it on, assign it to someone else entirely and that leaves me high and dry! The system SUCKS!

Rosemary · « **Reply #3 on:** December 14, 2014, 02:47:26 pm »

Quote from: fiestyredhead331 on December 12, 2014, 02:40:57 pm

thanks for that Garmoran but if it was only that easy

the CC give the tenant 'every opportunity'....(nevermind me!) to sort the tenancy out themselves so he could buy the croft and then sell it on, assign it to someone else entirely and that leaves me high and dry! The system SUCKS!

Have you tried political pressure? Seriously, write to your MSP, Richard Lochhead, the new Minister Aillen someone, the First Minister. Give them the detail; request a meeting. Honestly, these folk can make things happen if you give them the opportunity.

fiestyredhead331 · « **Reply #4 on:** December 15, 2014, 03:04:15 am »

I suspect I am going to have to 'play the game' and go softly softly. I have already emailed himself to ask him if he would transfer the croft to our eldest now as he previously intimated but as I expected, no response thus far.
I can't risk putting the croft and subsequently our livelihood at risk by forcing him into a situation as he may well just do the opposite of what I want him to do. Patience I suppose is what I need and just hope that it will eventually be resolved in a peaceful manner.
But be sure, if he starts playing silly beggars then I shall go out all guns blazing, as they say Hell hath no Fury

Garmoran · « **Reply #5 on:** December 17, 2014, 01:36:05 pm »

Quote from: fiestyredhead331 on December 15, 2014, 03:04:15 am

Patience I suppose is what I need and just hope that it will eventually be resolved in a peaceful manner.

Best thing for everyone involved.

Quote

But be sure, if he starts playing silly beggars then I shall go out all guns blazing, as they say Hell hath no Fury

If you do have to engage legal representation, research the lawyer carefully. Someone who knows crofting law is well worth paying for and someone who is not knowledgeable about it can simply add to the problem.