This item was published during the term of a previous administration that ended in April 2007
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Legal judgement on crofting legislation
21/11/2005
The Land Court will be asked by the Executive to determine the validity under crofting legislation of current practices where landlords lease rights over land to third parties prior to sale.
These interposed leases, some claim, have been devised to frustrate crofting community buy-outs.
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."
A working group considered the issue of third party leases on November 11. The group included people who are experts on commercial and crofting law, and community land mattters:
- Shane Rankin Head of Crofting Policy, Scottish Executive
- Professor Roddy Paisley, Aberdeen University
- Donald Smith, Solicitor to the Crofters Commission
- John Glover Registers of Scotland
- John Watt, Highlands and Islands Enterprise
- Andrew Anderson, Community Land Unit
- Sandra Holmes, Community Land Unit
- Mark Richards, OSSE
- Bob Perrett, Crofting Bill Team
- Emma Murray, Crofting Bill team
The working group considered Professor Paisley's opinion and an analysis of the issues prepared by SEERAD. They assessed four options for taking court action to establish whether or not interposed leases of croft land were valid. These were:
- Action by a croft tenant
- Action by the Crofters Commission
- Action by the Registers of Scotland
- Action by Scottish Ministers
The working group 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 the provisions of section 81 of the Land Reform (Scotland) Act 1993.