WHAT’S THE POINT OF THE CROFTING SYSTEM?

Before you read this whole post and are disappointed; I don’t have the answer.

 

I have worked in the field of crofting law for over 20 years. For that entire period, reform of crofting law has been on the political agenda. There has never, in all that time, been a time when the crofting world was satisfied with its legal structure.

 

The crofting legal system, correctly reformed, refreshed and resourced could provide solutions to many of the problems which are developing in the Highlands and Islands (as well as elsewhere in Scotland) as the years pass, yet every new crofting act which is passed seems to be met with even less enthusiasm than the last.

 

Currently, the Crofting Bill Team is working on new crofting legislation which is intended to address some of the problems and anomalies which currently exist within crofting law, but which will not fundamentally reform the system itself. We expect a consultation to be published in the spring of this year, but we know not to expect anything radical. A pessimist might fear that further tinkering with an already exceptionally poor network of legislation could result in as many new problems as solutions to existing problems.  Time will tell (not a dig at the Bill Team, they have their remit and must work within it).

 

The trouble with the further tinkering proposed within the current proposals is that in my view it is necessary for a system of regulated land tenure like crofting to have a purpose beyond the existence of the system itself. I believe that many of the complaints heard about the crofting system (and crofters) stem from a lack of a political, social or economic justification for the system. Why do we need a crofting system in 2024? What is the point of it? What is it for? What does it achieve?

 

In 2020 I contributed a chapter on Crofting Law to an important book “Land Reform in Scotland”, edited by Malcolm Combe, Jayne Glass and Annie Tindley and published by Edinburgh University Press. Quite apart from collaborating with some fascinating and brilliant people, it was interesting for me personally to have to take time out of a busy practice to think about, talk and write about crofting law, and try for once to see the wood as well as the trees. It was plain to see, once I had taken a wider perspective, that the lack of rationale or justification was hampering the crofting system and had been since perhaps the 1990s.

 

I am going to be reproducing the contents of my chapter on this website over the next few weeks in the hope that some discussion might be sparked which could lead to something more interesting than what is currently on the table.

 

The chapter will be serialised as follows:- 

 

_______________________________

 

Introduction

Development of Crofting Law

1886-1911

1911-1955

1955-1976

1976-1993

1993-1997

1997-2024

Challenges

Crofting legislation

Crofting law v land reform

The Conflicting Priorities of the Crofting System

The Impossibility of Purchase

Conclusion

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I’ll publish the Introduction today, and then an instalment every week or so thereafter.  

As always, if you need help or wish to discuss crofting law, do get in touch.

Eilidh

 

 

 

 

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CROFTING LAW - CHAPTER INTRODUCTION

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NEW RULE ON WHO CAN RECTIFY THE CROFTING REGISTER