Ten Things for 2019 – (Not Brexit-related)

Here are ten things for 2019  – stuff  you might want to look out for over the coming year.

More useful, I hope, than being subjected to hopes of yoga, fewer biscuits, and better time efficiency.

1. Cursed Crofts

My first warning concerns crofts which are afflicted with the ‘vacant status’. They are not tenanted crofts, nor owner-occupied crofts. They are, in terms of crofting law, neither fish nor fowl. I call them “cursed” crofts, because their status means that their owners  are not eligible for crofting grants (amongst other effects).

I have written and spoken about this issue on several occasions. My post from September 2017, which you can read here, explains how the issue can arise.

It is essential to establish the correct status of a croft before marketing, or making a regulatory application, making a grant application, and certainly before purchasing.

Having sight of a copy entry from the ROC indicating a status as “owner-occupied” is not good enough.

2.Succession

The second warning is also connected to the Register of Crofts, albeit indirectly.

When the Commission is notified of a croft succession, they will simply amend their records to show the name of the new tenant. The Commission will not ‘look behind’ the information given, to establish whether the succession procedures have been  completed correctly.

It is often assumed that if the ROC shows the name of the new crofter, the position of the new crofter is secure. However, if the procedures have not been executed correctly then the tenancy could be open to challenge.

3.Notify the Crofting Commission if you purchase a croft (or part of one)

Third on my list of ten things for 2019 is something which is very simple yet causes no end of problems if forgotten.

This is a statutory provision (s.17 (7) of the Crofters (Scotland) Act 1993) but is frequently forgotten. The purchaser of a croft (or part of) must notify the Commission of the purchase.

You can obtain the relevant form here.

4.Watch out for neighbouring / nearby crofts being registered.

When a croft is first registered on the new Crofting Register, there follows a 9 month period within which the boundaries can be challenged. After that period, the boundaries are largely safe from challenge. There are a few circumstances where one can challenge after the 9 month period, but these are very limited and should not be relied upon.

It is therefore important to watch out for neighbouring crofts being registered, just in case you disagree with the proposed boundaries.

Croft registrations will be advertised in a local paper, and a laminated notice will be fixed to a strainer post on the croft itself. However, some areas have multiple newspapers in circulation, and it can be tricky to keep track of what has been advertised. Similarly, it can be difficult keep track of laminated notices.

The most effective course of action is to check the Crofting Register regularly to see if any neighbouring or nearby crofts have been registered. The most reliable way to search the Crofting Register is to search by using the “Crofting Commission Number”, which is the reference used on the old Register of Crofts.

N.B. Unless you use search using exactly the same spelling of a croft name, as that used in either Register (they may be different on each register…), the search will not return a correct result.

5.Don’t forget to register regulatory decisions in relation to registered crofts.

Fifth on the list of ten things for 2019 is a reminder to register Commission decisions made in respect of registered crofts.

For example, if you apply for a decrofting direction and the application is granted, the decision letter will tell you that you have 3 months from the date of the letter to register the decision in the Crofting Register.

The form is fairly straightforward, and can be found here.

If you fail to do this, the regulatory decision will fall, and you will have to repeat the   application. At best this can be frustrating, at worst catastrophic.

6.Don’t forget to effect a tenancy let

In a similar vein to the previous point, if your application to let a tenancy is approved, you must notify the Commission that the tenancy has been effected. This involves landlord and tenant entering details of the croft name, rent which has been agreed, the effective date of the tenancy. They are both then required to sign the form and return it to the Crofting Commission.

If you fail to do this within 3 months of the decision letter, the decision to approve the letting application will fall.

7.Crofting Census

The Crofting Commission issued Crofting Census forms today.

You can read the full press release here.

 Once again this year I am offering to complete and lodge census forms for existing clients  of Camus Consulting for free, and at a reduced price for new clients.

See here for full details of the offer.

8.You can now get CHGS on decrofted land

One of the most potentially useful points on my list of ten things for 2019.

It was formerly the case that the Croft House Grant Scheme (CHGS) was not available if  you had already decrofted your house site. This led to some difficulties with timescales because decrofting took up much of the time which was needed to get the house wind and watertight (this usually has to take place within a year of the grant being approved).

Although the online scheme guidance does not mention this, SGRPID have confirmed in writing that one can now apply for the CHGS after land has been decrofted.

9.Crofting law reform

The other important development to look out for is the progress of crofting law reform.

I am keeping an eye on it, and last posted about it on 21 November.

10.Don’t forget about the grazing shares!

The final point on the list of ten things for 2019 concerns grazing shares (also known as grazing rights, or deemed crofts).

Grazing shares are a potentially valuable asset, however they are very often forgotten,  usually because they have become separated from the croft to which they originally pertained.

The separation can happen in one of two ways:-

• The croft was purchased from the landlord and the grazing share remained in tenancy, now recognised as a totally separate entity; a deemed croft in its own right. Deemed crofts / grazing shares now have their own entries in the old Register of Crofts, and will also be registered on the new Crofting Register under separate references.

• The tenancy has been divided at some stage, perhaps because the share was to be assigned to another crofter. As above, that share / deemed croft is now considered to be a separate legal entity, and must be registered as such.

If you are purchasing a tenanted croft, it is important to ask not only if the croft has a share as a pertinent of the tenancy, but also whether the seller has any extra shares which they are willing to assign.

If you are purchasing an owner-occupied croft or a vacant croft (aka a cursed croft), it is even more likely that the share could be forgotten. Ask questions and do some research – many a grazing share has simply been forgotten, and the seller (or current tenant, if not the seller) may be happy to sell.

If you have inherited an owned croft or croft tenancy, or are the executor of a deceased crofter, it is even more important to find out the correct position regarding grazing shares.

That completes my list of ten things for 2019 which are worth keeping tabs on. If you would like to discuss how I can help you, drop me an email (eilidh@camus.scot) or give me a ring (07876 513404).