Crofting Law Lecture at University of Strathclyde

23 February 2009

Brian Inkster today gave a lecture on Resumption, Decrofting and Schemes for Development at the University of Strathclyde as part of a series of Crofting Law lectures being given, over a two week period, by the Crofting Law Group to the LLB Property Law Class of the Law School.


The law on Resumption by a landlord through the Scottish Land Court under sections 20 & 21 of the Crofters (Scotland) Act 1993 was covered in detail by Brian Inkster, including consideration of 'reasonable purpose' and 'open market value' with reference to the very recent Land Court decision in Pyrah v Kennedy (13 February 2009).  The issues arising in the Village of Hamnavoe from Shetland Islands Council v Jamieson & Others 1988 SLCR 97 were revisited in light of Scottish Ministers v Pairc Trust Limited and Others 2007 SLCR 166.


Brian Inkster then went on to consider a tenant or owner/occupier applying for a Decrofting Direction through the Crofters Commission under section 25 of the Crofters (Scotland) Act 1993.  Again 'reasonable purpose' was considered but in the context of decrofting.  Issues concerning 'crofting community' and 'demand' were discussed.  Brian also went over the important points arising from Chandler v Crofters Commission 1998 SLT (Land Ct) 27 and MacIntosh v Crofters Commission 1992 SLT (Land Ct) 8.

Schemes for Development

Finally, Brian Inkster looked at section 19A of the Crofters (Scotland) Act 1993 covering Schemes for Development as introduced by Part 5 of the Crofting Reform etc. Act 2007.  This area of the law is important for Wind Farming developments as outlined by Brian in his webcast on Wind Farming on Croft Land.

The same lecture will be given by Brian Inkster to the part time LLB Property Law class on 26 February 2009.