What can be bought
Part 3 of the Act provides for the right to be exercised
to acquire land which is subject to crofting tenure. So
the right can be used to buy out the landlord's interest in
the tenanted croft land and the common grazings. It
excludes from the right to buy croft land which is occupied
by the owner of the croft. The effect of this is to
prevent the right to buy being used to acquire "owner
occupied crofts"
Will the Crofting Community be able to buy
additional Land
Yes. A crofting community may acquire some additional
land if it can demonstrate that this land is essential for
proper development of the croft land and the development
needs cannot be met by applying legal conditions to this
other land.
What if the Landowner wants other land to
be included in the sale
The Act provides for including extra land at the request
of the landowner. However, if the crofting community does
not want that land, Ministers will decide whether or not it
is in the public interest to include it.
What about existing rights
The provisions of the Crofters (Scotland) Act 1993 will
apply to land acquired by a crofting community body. So
individual crofters will still be able to acquire their
croft from the crofting community body.
Who can buy
The right to buy is to be exercisable by a properly
constituted crofting community body. The crofting
community is defined by reference to the crofting township
associated with the land and includes all tenants of crofts
in that crofting township who are resident within 16
kilometres of that township.
Who will be allowed to vote in the ballot
All Members of the Community who are registered to vote
at local elections, including croft tenants who are not
absentees.
What if crofters are not in favour of the
buyout.
The Act provides that the majority of those voting must
be in favour of exercising the right to buy as must the
majority of croft tenants who voted.
Who will assess the value of land
The price payable for the land is to be market value as
assessed by a valuer appointed by Ministers.
Will the community have to pay compensation
to the landowner
Yes. The crofting community right to buy is essentially
a forced sale of property. As such any losses and costs
must be adequately compensated. Compensation should be
agreed by the parties or, failing agreement, be determined
by the Scottish Land Court
Can Ministers decisions be
appealed
Yes. Appeals on a point of law to the sheriff against
Ministers' decisions on whether or not to consent to the
exercise of the crofting community right to buy can be
made. The opportunity to appeal is provided to landowners,
crofting community bodies, crofting community members and
third parties who have legally enforceable rights relating
to the land which is the subject of an application to
purchase.
When will payment have to be made
Payment of the consideration for the transfer must
normally be made by the crofting community body within 6
months of the date on which Ministers consented to the
application to exercise the right to buy.
Will the Government provide financial
assistance for any buyout
No. Ministers will not give crofting communities
financial assistance towards purchase costs.