Crofting Commission abandons decrofting appeal

A Scottish Land Court ruling against a policy position adopted by the Crofting Commission in relation to certain decrofting applications is no longer to be challenged in the Court of Session, the Commission confirmed today.

The Commission has withdrawn its appeal against the Land Court’s decision of 18 December 2014 in MacGillivray v Crofting Commission, which concerned the Commission’s policy on decrofting where a croft unit is held in multiple ownership.

Since December 2012, the Commission, acting on its own legal advice, has required all decrofting and letting applications in respect of crofts with multiple owners to be submitted by all the owners, in their capacity collectively as the "landlord" of the croft, even in cases where the application related to a part of the croft held in title by only one of their number. 

This left some owners unable to decroft and thus develop land they owned, if a neighbour who happened to own part of the original croft unit was not willing to consent to the proposed development.

The Land Court's ruling was given on an application by a Mr & Mrs MacGillivray to decroft land at 37 North Ballachulish for house building. The Commission ruled it incompetent as not brought by all the owners, but the Land Court on appeal found the application to be competent and returned it to the Commission to decide on the merits of the application. The Commission initially announced its intention to appeal (click here for report), but has now changed its mind.

Commenting on this development, Brian Inkster of Inksters Solicitors, said: “This is a sensible decision by the Crofting Commission and puts the position back to what it was before they decided on 14 December 2012 to interpret crofting law in a way that I do not believe was ever intended by Scottish Government. The Land Court decision was a clear, sensible and fair one and it makes much sense for the Crofting Commission to abide by it.

"There will be a huge sense of relief amongst owner-occupiers of croft land who are not classified in law as owner-occupier crofters. They can now apply to decroft land that they own without requiring the consent of neighbours who happen to be owners of part of the original croft unit. The lack of such consent in certain instances was causing huge problems for many who have been in a state of limbo for over two years now.”