Common Grazings and the Deemed Croft

12 June 2009

Brian Inkster was in Edinburgh today providing a lecture on Common Grazings and the Deemed Croft at the Crofting Law Conference organised by the The Society of Writers to Her Majesty's Signet (WS Society) in association with the Crofting Law Group.

The conference was chaired by Sir Crispin Agnew of Lochnaw QC. The Keynote address was given by Roseanna Cunningham MSP, Minister for Environment, on the Government's Consultation Paper: The Reform of Crofting Law. David Hay, Advocate, looked at recent crofting law case law. John King, Legal Director, Registers of Scotland, discussed the proposals for a new Register of Crofts. Donald Smith, Solicitor at the Crofters Commission, lectured on assignation, division, subletting, succession and vacant crofts. Eilidh Ross, Solicitor, considered crofting law issues arising from purchase, rent and compensation.

Brian Inkster's lecture on Common Grazings and the Deemed Croft looked at Section 3(4) of the Crofters (Scotland) Act 1993 and the implications for a crofter purchasing his croft who may have a share in a Common Grazings or an Apportionment from a Common Grazings. Consideration was given to the relative case law: MacDonald v Hilleary, MacMillan v MacKenzie, Bowman v Guthrie, Trustees for Halistra Common Grazings v Lambert and Another, Scottish Ministers v Pairc Trust Limited and Others. The main point brought out of this by Brian Inkster was the fact that a crofting tenant may end up not being able to purchase their Apportionment in certain circumstances and to avoid that situation arising detailed legal advice should be sought at the outset of any proposed purchase transaction.

For advice or assistance on crofting law matters contact Brian Inkster on 0141 229 0880 or send Brian an e-mail.

NEWS ITEM UPDATE: November 2009

Brian Inkster's lecture on Common Grazings and the Deemed Croft has been published in the latest edition of the Crofting Law Group Newsletter.

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