[fiestyredhead331]

Bear with me, its a complicated one.............

I live on a croft which was assigned through family assignation from my father to my 'husband' and I use that term loosely as he now resides in the Middle East 

Assignation was done formally through Crofters Commission over 10 years ago. Since myself and himself seperated, he will not re-assign the croft to me or even to any of our 3 sons. His big idea was always to decroft and sell sites even though I know it is totally unsuitable for that purpose.

Anyway, have had lengthy discussions with CC as I have in the last 3+ years returned the empty croft to a working croft with sheep, goats, pigs, ducks, chickens & turkeys where previously there were none and the herds & flocks are registered to me but as the croft is technically not in my name, I can't apply for any grants/funding etc to help me with fencing etc. The CC's position is that they are working through a backlog of absentee tenants but it could take years to finally get round to himself and even then he has the right to assign the croft to literally anyone he sees fit. This system is so unfair! Have now turned to the Scottish Crofting Federation for advice but they don't see to be able to come with an answer either.....even poor old Dad can't make sense of it when it should have been assigned to me not the ex but he always was fly as....

anyone else got any ideas?

[Rosemary]

Can you not try your local MP, MSP, MEP, local councillor? They can be pretty good at putting pressure on when they have to. Failing that, the press.

I know they must have a backlog but if they have someone ready to take on the croft, why don't they just put it to the top of the pile and deal with it?

[fiestyredhead331]

exactly the point I made to them Rosemary but they have a 'system' and god forbid that it should be jeopardised by little old me just wanting what should have been mine all along. I even gave them his forwarding address so they could try contacting him directly but no luck 
He has already told the kids to tell me to move my animals as he's selling the croft but that was last christmas and not heard a peep since but its no fun having this hanging over me constantly when I'm trying to get on with my life.
At least our house is 'decrofted' from the main croft and I have rights there so maybe I'll end up having to have them all in the house with me 

[Bert]

Fiestyredhead331 your situation is very unfair.
  As ever anything to do with crofting red tape is as clear as mud  . I really don't understand why they have such a backlog on absentee tenants. But it must be massive, because I know of 1 croft here on mull that has been empty for the 4 years that we have lived here and the owner/ tenant live a lot further away then the 34 km or what ever it is . I find it very frustrating, especially when we were homeless for 6 months and there was this one I've already said about and possibly 2 maybe 3 others just siting there empty.  Something needs to be do or something needs to change, but I don't know what because I don't understand it   So I'm probably wrong ( nothing new there  )

[fiestyredhead331]

thanks for that Bert, fairness doesn't seem to come into it.

As we are tenants of the Assynt Crofters Trust and the committee are all friends and acquaintances you would think this could be sorted out at local level but apparently not. The ex hadn't paid the croft rent for years, even before he left but I have asked the ACT to provide me with a total for the unpaid back rent so I can pay it and prevent the croft being taken out from underneath me but no joy as yet.
I will say this though, in the 10 years or so that he was here he didn't do a thing, in fact he pulled out existing partition fences within the croft and the boundary fence was totally neglected but since he's gone I have replaced fencing etc and made it stockproof etc but if I lose the croft I'll be pulling up every single fence post and metre of rylock I've put in   

[Hamish Crofter]

This does seem really unfair and disheartening. In separation/ divorce situations I know things can get really complex and difficult so what seems like straightforward advice may not work for you. However, is there any possibility of you convincing him to reassign to you or your sons on the basis that with you currently living there it's worth nothing really on the open market if he is trying to protect his assets. From what you say he stands little to no chance of decrofting plots to sell off. I purchased my croft from someone who tried the same tactic, he purchased the croft got planning permission for several houses and then tried to decroft all the sites. The CC of course saw through his plan and after several unsuccessful attempts he gave up, sold up and moved on.
Additionally when the CC do finally get around to looking into him as an absent tenant you may find that ironically they run a little scared as you are living on the croft although he is absent.
It's a shame that the SCF are not able to help and I guess the only other option is to go and see a solicitor who specialises in crofting law but of course there will be a cost.
Perhaps another option is to get your local MP to lobby the CC as has been suggested. Crofting issues do seem to be flavour of the month currently with MPs and you will no doubt know about the crofting law sump that has been put in place to highlight inadequacies within the crofting legislation so it may be worth a try.

[fiestyredhead331]

thanks for that Hamish, it seems that the only option that solicitors have given me is that I make it part of the divorce settlement when the time comes, at the moment he isn't really making an issue of it seeing as he's so busy with his filippino girlfriend and baby oh and the new house he's built over there  and here's me wanting a wee patch of scrubland thats of no use to him as he'd never get permission for building

[southernskye]

Worth trying to approach the landlord who is the owner of your tenanted croft perhaps?
See if they can help?
Sorry no other ideas at this time.
good luck
Sskye

[fiestyredhead331]

have tried that on numerous occasions with no joy and not even a response! Now I had someone from SCF phone me to say that I shouldn't be using the croft at all .....needless to say I was raging! If my ex hadn't refused to contribute a single penny for our children's upkeep then I wouldn't be in the position that I have to make some kind of extra income from the croft in the first place!   

[Mrs South]

Hi fiery rehead
I am on hols and on ipad which i hate typing on but just quickly, my understanding is that if someone wants to assign a croft tenancy, the CC have to ask the opinions of both the landlord and the members of the common grazings committee.

If you can get the landowners and CGC members onside and all agree to vote against his application to assign to someone else then that might help? I.e the CC may be loathe to do something when such strong opposition.

Also definitely lobby your local MP
I am surprised the SCF are not more helpful, our local people are quite good where i am but if you become a member for 47 pounds you get access to a 20 minute meeting or call with a specialist crofting lawyer.

Also the press can be your friend! One thing organisations hate is bad press. If you can get a local reporter to write up the story that might put pressure on thr CC. There is a massive presumption against selling crofts for housing.

Also the fact he hasnt paid rent might mean something maybe there is a rule that means he forefeits something?

Finally the chair of the SCF is a retired crofting lawyer who is writing a book aand it is about situations such as this. I cant remember the exact details but can try and find outwhen i get home in a few days. If he is interested in your case he could be a great help. He gave us some very good advice last year on an issue here.

Anyway i am based in kyle of lochalsh area and there was something in the local paper recently so will try and dig it up. Hope that helps.

Lynne

[fiestyredhead331]

Thanks for all that Lynne, that would be really helpful

Joined the SCF and so far the only person there is away on holiday for a month!

[Mrs South]

Can you send me your email to

Info@lynnekennedy.co.uk