Scottish Planning Series: Planning Circular 5 2011: Disposal of Surplus Government Land - The Crichel Down Rules

This circular sets out the revised non-statutory arrangements known as the‘Crichel Down Rules’ under which surplus Government land which wasacquired by, or under a threat of, compulsion should be offered back to formerowners and their successors


Interests qualifying for offer-back

12. Land is to be offered back to the former owner. If the land was, at the time of acquisition, subject to a long lease and more than 21 years of the term would have remained unexpired at the time of disposal, departments may, at their discretion, offer the heritable interest to the former leaseholder, if the former owner is not interested in buying back the land.

13. In these Rules 'former owner' may, according to the circumstances, mean former heritable proprietor and his or her successor. 'Successor' means the person on whom the property, had it not been acquired, would clearly have devolved under the former owner's will or intestacy; and may include any person who has succeeded, otherwise than by purchase, to adjoining land from which the land was severed by that acquisition.

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