Author Topic: High court de crofting ruling (Read 4502 times)

Hamish Crofter · « **on:** February 16, 2015, 08:28:01 pm »

Great news today that the commission have withdrawn their appeal to the Scottish land courts ruleing on owner occupiers ability to de croft.

Rosemary · « **Reply #1 on:** February 16, 2015, 08:52:37 pm »

Give us a quick background and significance please

oor wullie · « **Reply #2 on:** February 17, 2015, 07:47:56 am »

No bank will give a mortgage on croft land so people apply to have the house site decorated so they can build.

There was a legal cock up in 2013 where the government realised that they didn't actually have the power to decroft land, so all applications to decroft were put on hold. I think this was resolved later in 2013 by a new bit of legislation.

Hamish may correct me but I think this news refers to if a croft has multiple owners whether you need everyones agreement to decroft a house site or whether you can do it unilaterally.
http://www.islandnewsandadvertiser.co.uk/2015/01/crofting-commission-appeals-land-court-ruling-on-de-crofting-land-in-multiple-ownership/
I have no idea if this is a common situation or if it is just a situation that lawyers use to make a name and a load of money from.

Rosemary · « **Reply #3 on:** February 17, 2015, 08:14:52 am »

Quote from: oor wullie on February 17, 2015, 07:47:56 am

I have no idea if this is a common situation or if it is just a situation that lawyers use to make a name and a load of money from.

Such cynicism in one so young

Hamish Crofter · « **Reply #4 on:** February 17, 2015, 08:27:20 am »

Oor willie is correct, this applies to crofts that have subsequently been split and each part is now under separate ownership.
It actually affects quite a few people, me for one! The case was originally taken on by a crofter, I think in Sutherland.
It enables each owner to apply to de croft their part of the croft without having to get agreement with the owners or owner of the other parts of the croft as was previously the case.

Rosemary · « **Reply #5 on:** February 17, 2015, 10:29:59 am »

So if you bought a croft that had previously been part of a bigger croft, you needed permission from the former owner or of the owner of the other half to decroft part of your croft?

Hamish Crofter · « **Reply #6 on:** February 17, 2015, 10:58:39 am »

Yes Rosemary that's correct. Welcome to the wonky world of crofting law!

Rosemary · « **Reply #7 on:** February 17, 2015, 01:50:58 pm »

That's bizarre. What would be the rationale behind that?

fiestyredhead331 · « **Reply #8 on:** February 19, 2015, 02:01:05 am »

paperwork and someone (usually of the legal variety) making money drawing up more documents etc

Treud na Mara · « **Reply #9 on:** February 20, 2015, 08:32:59 pm »

And also people not sufficiently aware of the 'idiocyncrasies' of crofting law getting involved in the legislation

oor wullie · « **Reply #10 on:** February 23, 2015, 07:28:40 am »

Although it is not that different from the feudal system that has applied to all of Scotland (not just crofting areas) up until a couple of years ago (and which I am sure still continues in the obligations that were made before the system changed).

If you sell land you could put obligations on it that the new owner is bound to, this would make you the feudal superior and the new owners your Vassal. You in turn would have had a superior from whom your property rights were derived, they in turn would be Vassals to the crown who are Vassals to God (as yet none of our royals have claimed to be God themselves!)

The example in Andy Wightmans "Who Owns Scotland" is the Mar Lodge Estate which was bought by the National Trust in the mid 90s. it is thought that the seller imposed feudal conditions on the NTS which binds them to using it as a sporting estate. If they don't they forfeit the land.

A lawyer may tell you I am not quite right but i am sure it is something like this.

To understand this properly we need is a land reform conference......... which I think Rosemary and Dan are going to organise..........