When buying a croft, it’s worth checking whether it is located on croft land as you would then be bound by crofting control and legislation.
Whether your desired croft is located within one of the traditional Crofting Counties of Argyll, Caithness, Inverness, Ross & Cromarty, Sutherland, Orkney and Shetland, or in one of the newly designated crofting areas – Moray, Arran, Bute, Greater and Little Cumbrae, care must be taken.
In most cases, the croft house and immediate garden ground is likely to have been de-crofted while the remaining land will be owner-occupier croft land. In this case the seller, or their predecessor, was once a tenant crofter who has purchased their croft, and the land falls within the ambit of the crofting control and legislation.
A de-crofted house site means that the land has been removed from the restrictions of crofting legislation.
However, when purchasing the land, as the name suggests, you become the owner-occupier of the croft land and must comply with the duties imposed on you by the crofting legislation.
The duties are:
- To be ordinarily resident on or within 32km of the croft;
- Not to neglect or misuse the croft; and
- To cultivate and maintain the croft or put it to another purposeful use;
What do these duties mean for you as a croft owner-occupier?
Residency restrictions
If you are not intending to live on the croft or locally to it, you will be in breach of the crofter duties. The Crofting Commission (who ensure the legislation is being adhered to) may require you to re-let the land at a low rent and ultimately, that tenant may have a right to buy the croft land from you at the amount of fifteen times the annual rent payable under the lease.
You may apply to the Crofting Commission to be absent from the croft. For example, if you were going to be away from the croft for an extended period for work, study or you are organising your affairs to move to the croft but have not yet done so.
Duty not to misuse or neglect the croft
If you use the croft for a purpose other than cultivation, fail to cultivate the croft or fail to put it to another purposeful use you will be in breach of this duty. If you wished to use the land for another purposeful use, you would need to seek the consent of the Crofting Commission prior to using the land for that purposeful use.
You have a duty to cultivate and maintain the croft and will be in neglect of the croft where it is not managed in a way that meets the standards of good agricultural and environmental condition.
Duty to cultivate and maintain the croft or put it to another purposeful use
This applies to every part of the croft which is capable of being cultivated or put to another use. The terms “cultivate” and “purposeful use” are defined within the crofting legislation.
“Cultivate” can include keeping or breeding livestock, poultry or bees, growing fruit and vegetables, planting trees and the use of the land as woodlands.
“Purposeful use” means any planned and managed use which does not adversely affect the croft, the public interest, the interest of the landlord or the owner or the use of adjacent land.
Your rights regarding Common Grazings
Common Grazings is an area of land used by a number of crofters who have the right to graze their animals on the land. Any croft may have an accompanying right to share the Common Grazings.
The Common Grazings may be managed by a Grazings Committee (made up of elected members of the crofters having a right to the Common Grazings) who will have their own set of Grazings Regulations.The Committee have various responsibilities such as:-
1. Ensuring that any stock is kept on the Common Grazings by making sure fences, walls or hedges are suitably maintained.
2. Carrying out works for the improvement of the Common Grazings and any fixed equipment (such as buildings necessary for agricultural purposes, permanent fences, access or service roads, bridges, water and sewerage systems).
3. A duty to report to the Crofting Commission on the condition of:-
(a) the Common Grazings;
(b) any Croft belonging to a crofter with a share in the Common Grazings;
(c) any Owner-Occupier croft belonging to an Owner-Occupier with a share in the Common Grazings
or any other matter that the Crofting Commission may require to be reported on.
The Committee must include in their report information on any non-compliance of duties by a crofter or owner-occupier.
These are just some of the points to be aware of when purchasing a property which could be restricted by the crofting regime. It is not always straightforward and it is best to seek professional advice at the outset.
