Crofting Consultation 2024: Proposals for Crofting Law Reform – Analysis of Responses

Glossary

Assignation - the term used to describe the transfer with Crofting Commission consent of a croft tenancy from the crofter to a person of their choice.

Common grazing - Areas of grazing land used by a number of crofters and others who hold a right to graze on that land.

• Grazings Committee – a committee set up to manage the common grazing. They are elected by the crofters who use the land and, to be regulated (protected by law), the committee must be recorded with the Crofting Commission.
• Grazings Constable – a person appointed by the Crofting Commission in the absence of a Grazings Committee who has similar powers and duties as a Grazings Committee.
• Grazings Share – a right to use a specific Common Grazing.

Crofting Census - a form issued annually by the Crofting Commission to a tenant or owner-occupier crofter to ascertain if they are complying with their duties. (Also known as an “Annual Notice”)

Crofters Duties - Both tenant and owner-occupier crofters have a duty to be resident on, or within 32 kilometres of, their croft; not to misuse or neglect the croft; and cultivate and maintain the croft or put the croft to another purposeful use.

• Absenteeism - when a crofter does not reside on or within 32 kilometres of their croft without prior agreement of the Crofting Commission.
• Misuse - when a croft is being used for something which is not considered as cultivation. Tenants require the consent of their landlord or, failing that, the Crofting Commission if they wish to put their croft to another purposeful use.
• Neglect - This refers to the management of the croft which should meet the standards of good agricultural and environmental condition.
• Cultivate - This refers to the croft being used for cultivation or put to another purposeful use. This includes horticulture, keeping or breeding of livestock including poultry and bees, growing of fruit and vegetables, growing of crops and the planting of trees and use of the land as woodlands.
• Maintain - This refers to the maintenance of the croft and that it must be kept in a fit state of cultivation, except where another purposeful use is incompatible with the croft being kept in such state.
• Purposeful use – This refers to any planned and managed use which does not adversely affect the croft, the public interest, the interests of the landlord, or the use of adjacent land.

Decrofting - The term used when land is removed from crofting tenure by a direction of the Crofting Commission.

Deemed Croft - When a crofter purchases their croft land only, and the grazings shares pertaining to that croft remain held in tenancy they are “deemed” to be a separate and distinct croft in their own right. As such these “deemed crofts” are given an individual entry in the Commission’s Register of Crofts.

Inbye land – Crofting land which is not part of a common grazing.

Intestate Succession - When the executor of a deceased crofter notifies the relevant landlord of the details of the person who has succeeded to the tenancy: in the case when a crofter dies without making a Will or does not state in their Will who they wish to succeed to the tenancy of the croft, or where a bequest has failed.

Letting – The agreement between the landlord and tenant of a croft.

• Short Term Let - A period not exceeding 10 years where an owner-occupier crofter may, with Crofting Commission consent, let their croft to a tenant under a short-term lease.

Standard Security - A document which gives a mortgage provider certain rights over the mortgaged property.

Subletting - Where a croft tenant with the consent of the Crofting Commission allows another person (known as the subtenant) to work all, or any part, of their croft and/or the shares in a common grazing for a fixed period of time.

Testate succession - When a crofter makes a Will and they name the person(s) they wish to succeed to the croft tenancy following their death.