Croft Land in the Highlands of Scotland
Crofting is a system of agricultural landholding unique to Scotland and an integral part of life in the Highlands & Islands. If you are interested in buying an active croft, then this is regulated by the Crofting Commission. Crofters have responsibilities defined in legislation which include:
• A duty to be resident on or within 32 kilometres of their croft
• A duty not to neglect their croft
• A duty to cultivate and maintain their croft or to put it to another purposeful use
Croft land must first be de-crofted for building, i.e., the land use changed. It is important to know early if the plot you have selected is de-crofted as de-crofting is complex and can take a considerable amount of time (as much as 2 to 3 years). We recommend obtaining written confirmation of the de-crofting before progressing too far with the plot purchase.
Appointing a Solicitor
Once you have found the perfect plot, you must instruct a Scottish conveyancer/solicitor to purchase the land. Only qualified Scottish solicitors can be appointed as the legal conveyancing process differs from that undertaken in England, Wales and Ireland.
We can recommend local solicitor firms to you should you wish us to do so. Your appointed solicitor will check essential requirements such as de-crofting, access rights, etc.
Wayleaves
Proposed service connections to a plot often need to pass through neighbouring land. Your solicitor must arrange a wayleave, a formal legal agreement between the neighbouring landowner and service provider, allowing services such as water and telecoms to pass through. The landowner can refuse the wayleave request as they are not obligated to allow access - another reason we recommend researching the service connections early.
It is worth noting that Scottish and Southern Energy Networks, which provide the electricity connections in Scotland, arrange wayleaves directly with landowners. Hence, this is outside of your solicitor’s remit.
Planning Permission
It is usual for building plots to be marketed with either active planning permission, planning in principle or lapsed planning permission. If a plot has previously had planning permission granted, it is typically relatively straightforward for R. HOUSE to apply for new permission.
Generally, solicitors will recommend that any offer you place on a plot without planning permission is ‘subject to planning’, meaning that you are not legally obligated to conclude the plot purchase if planning permission is not forthcoming.
We have considerable experience dealing with planning departments and understand their evaluation criteria. We can advise you on the likelihood of a particular plot gaining planning approval. In some cases, we recommend submitting a pre-planning application to reduce the risks of not granting planning.