and promotes the interests of crofting in Scotland
to secure the future of crofting.
Effecting of a Resumption of Croft Land
What is Resumption of Croft land?
‘Resumption of croft land’ happens when a landlord of a tenanted croft applies to the Scottish Land Court to remove all or part of the croft land from crofting tenure. This may be for development purposes.
If an application for resumption is granted, the Scottish Land Court will issue an Order authorising the resumption of the croft land and this will be accompanied by a map/plan showing the area.
Who should use this notification?
This notification should be completed by the landlord of the tenanted croft who has had a resumption application approved by the Scottish Land Court, where the croft was registered on the Registers of Scotland Crofting Register for the first time because of your application to resume.
You do not need to complete this form if the croft was already registered on the Registers of Scotland Crofting Register.
To find the correct form you need, please refer to the form finder.
The Registers of Scotland (RoS) holds the Crofting Register, which is a map-based register of croft and common grazings land.
If you are applying to resume croft land, you will need to register the croft with the Registers of Scotland for the first time if it is not already registered on the Crofting Register.
If the croft is not already registered, you must submit a ‘First Registration (FORM A)’ application. This should ideally be submitted to the Crofting Commission at the same time as you apply to the Scottish Land Court for the resumption. In this application you must provide a map of the croft boundary. For details of how to prepare a map, and the correct form, please refer to the Registers of Scotland website .
You should submit your ‘First Registration (FORM A)’ application by post. You need to pay a £90 fee which can be paid by cheque made out to the Crofting Commission or by bank transfer. The Crofting Commission will check and process your application’ and forward it to Registers of Scotland.
If the Land Court approves your resumption application, it will issue an Order confirming this decision. You must notify the Commission using ‘A Notification of The Effecting of a Resumption of Croft Land’ form, that the resumption has taken effect. You must do this within 3 months of the date of the Scottish Land Court Order authorising the resumption. When the Crofting Commission receives your completed notification form, it will notify the Keeper of the Crofting Register of the change.
If the croft is already registered, and your resumption application is approved, you do not need to submit ‘A Notification of The Effecting of a Resumption of Croft Land’ form but you must submit a ‘Subsequent Event (FORM B)’ application to the Crofting Commission by post. This must be done within 3 months of the date of the Scottish Land Court Order authorising the resumption.
It is important to note the time limits are set by law for completing and returning the notification form or the Registers of Scotland ‘FORM B’ application and the Crofting Commission cannot extend them. Failure to submit the forms, within the relevant timescales, means the resumption is deemed not to have taken effect and you will need to re-apply to the Scottish Land Court to resume the area.
To notify the Commission, please complete the ‘Effecting of a Resumption of Croft Land Notification’ Form. You will be asked for the following information:
• The croft name
• The Scottish Land Court reference number for the case
• The date the resumption took effect (This date must be within three months of the date of the Scottish Land Court Order authorising the resumption).
You can submit this notification online or by post. To access our forms and associated guidance, please use our form finder.
Once the Crofting Commission receives the completed Notification Form, we will notify the Keeper of the Registers of Scotland of the change and update the Register of Crofts to show the resumption has taken effect.
If the croft is already registered on the Crofting Register, when the Crofting Commission receives the ‘Subsequent Event (FORM B)’ application within the 3-month timescale, we will process this and send it to the Keeper of the Registers of Scotland to record the change.
The resumption will take effect on the date it is recorded on the Crofting Register, and the Register of Crofts will be updated to record the area no longer forms part of the croft.
