Scottish Law Questions? Ask a Scots Lawyer
Thank you for your question. I am a solicitor in Scotland. You are right that there are limits resources about Crofting Law in Scotland. The main resource is the website of the Crofting Commisson at www.crofting.scotland.gov.uk. There is a section on decrofting which is what you would have to do in order to use the land for housing. Two points in particular to note. You have an absolute right to decroft one house and a reasonable amount of garden ground on the croft. A decrofting application is made to the Scottish Land Court and you would also have to register a title in the Land a Register of Scotland. As regards ***** ***** of the ground you can apply to have this decrofted too but factors will be taken into account by the Crofting Commission which has to preserve the Crofting system generally. The procedure is that you would have to send the planning consent or reference to them with an application for decrofting. They will advertise the application and take a decision on whether it is reasonable to decroft the site. You will need help from a solicitor. Make sure that you contact the Law Society of Scotland for the name of one of the few of us that deal with Crofting matters. I hope that helps to get you started. Please leave a positive rating so that I am credited for my time.