Economic condition of crofting: 2019 to 2022

This is a report to the Scottish Parliament as outlined in the terms of section 51 of the Crofting Reform (Scotland) Act 2010, reflecting the economic condition of crofting and the measures taken by the Scottish Ministers, the Crofting Commission and others to support crofting during 2019 to 2022.

28. Scottish Land Court

28.1. The Scottish Land Court (SLC) is a Court of law. The Court's jurisdiction is set firmly within the context of Scottish farming. It has authority to resolve a range of disputes, including disputes between landlords and tenants, in agriculture and crofting. The Court is based in Edinburgh, but holds hearings throughout Scotland.

28.2. From 1 April 2017 the SLC became part of the Supreme Courts structure within the Scottish Courts and Tribunals Service, however the SLC retained its identity as a separate court.

28.3. Under current crofting legislation the SLC has, for example, jurisdiction to:

  • Determine the extent and boundaries of a croft;
  • Determine a fair rent for the croft;
  • Authorise a landlord to resume (to take back) croft land or common grazings for a reasonable purpose;
  • Authorise a crofter to acquire a heritable title to his croft from his landlord;
  • deal with appeals from decisions or determinations of the Crofting Commission; and
  • Deal with challenges to the first registration of crofts or common grazings in the Crofting Register.
Table 28.1 Resumption and other applications received
Year Resumptions Other Crofting Applications
2019 65 35
2020 68 38
2021 70 27
2022[2] 42 30

28.4. During this reporting period the SLC continued to receive and decide Scheme for Development applications, mainly for renewable energy developments such as wind farms, although there have also been two applications for space port developments, but the biggest category after resumptions was crofting registration challenges.



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