Executive takes crofting dispute to Land Court

Ruling to be given on schemes alleged to frustrate crofting community right to buy

News, 22 November 2005

Schemes allegedly devised by crofting landlords to frustrate crofting community buyouts are to be challenged in the Scottish Land Court.

The Scottish Executive has decided to refer a case to the court for a ruling on the validity under crofting legislation of current practices where landlords lease rights over land to third parties prior to sale.

Legislation will also be prepared to extend the crofting community right to buy to allow community bodies to buy out leases on land as part of the purchase to ensure they have full rights to the use of the land.

On a visit to Assynt, Deputy Rural Development Minister Rhona Brankin said:

"I decided to mount a challenge following the recent legal opinion to test the validity of leases which transfer landlords' rights and obligations in relation to crofting tenants into the hands of a third party.

"At the same time, I intend to make legislative change by including new provisions in the Crofting Reform Bill.

"These actions will ensure that crofting communities seeking to buy the land on which they live and work can take full advantage of the opportunities open to them to build a sustainable future."

An expert working group appointed to consider the issue concluded that the most effective way to challenge an interposed lease affecting a crofting community right to buy application would be for Scottish Ministers to seek a determination by the Land Court under section 81 of the Land Reform (Scotland) Act 2003.