and promotes the interests of crofting in Scotland
to secure the future of crofting.
Division by Executor Croft House Site
This application allows an Executor of a deceased crofter to apply to the Crofting Commission for consent to divide a croft following a bequest in a Will of the tenancy of the part of the croft comprising of the site of the dwelling house to one person, and the tenancy of the remaining part of the croft to another person.
Who can apply?
- This application type should be used where an Executor is seeking to divide the croft tenancy, where part of the croft comprising the site of the dwelling house has been bequeathed (left in a Will) to one person, and the tenancy of the remaining part of the croft to another person
- If the croft house site area significantly exceeds 0.4ha, a general division application should be used.
- All legatees* must notify the landlord within 12 months of the date of the crofter’s death that they accept their bequest, before an Executor submits the application to divide the croft. *each person who has been left part of the croft in the Will is called a legatee Please see Testates Succession for more information
- The Crofting Commission must also be sent a copy of the notice of acceptance of the bequests, from each of the legatees, within 12 months of the date of the death of the crofter. These notifications can be submitted to the Commission with the ‘Division by Executor’ application
- All of the croft must be included in the bequests, and no part can be left untenanted
- Land decrofted on condition that Title is obtained to the site within 5 years, remains part of the croft until the purchase is complete and the decrofting Direction has taken effect
The Crofting Commission uses a set of criteria for each application types, which are referred to as ‘parameters.’ The parameters determine how the decision on the application is taken. If the application meets the parameters, and no objections have been received, the decision to approve the application is made as a straightforward approval (known as Tier 1 approval). These types of decisions are reached the most quickly.
Here are some examples of parameters for Division by Executor – Croft House Site applications:
- There must be evidence that it is only the statutory croft house site that the Executor is applying to divide from the remainder of the tenanted croft land. The deceased crofter cannot have previously exercised their right to decroft and purchase the croft house site and garden ground
- The area applied for does not exceed 0.40 (ha)
- The site does not include any buildings currently being used or capable of being used as agricultural buildings
- Access to the remainder of the croft is not included in the area applied for
- The landlord has not expressed any concerns eg that the size of the croft house site is excessive for a dwellinghouse, that the area includes other (agricultural) buildings or about the croft access.
If an application does not meet all the parameters, it is considered to be a more complex application. Complex applications are considered and decided by more senior staff within the Crofting Commission and may take longer to process and for a decision to be taken. For further information on our tiered decision making process please visit. How decisions are made on applications.
What you need to apply:
- A completed ‘Division by Executor – Croft House Site’ application form
- A copy of the Will of the deceased crofter, providing evidence that the applicant is the Executor, and of the bequests of the croft house site to one person and the remaining croft land to another
- A copy of each of the Legatees’ notifications to the landlord that they have accepted the bequest of the part of the croft
- A map of the proposed division, including the location, extent and boundary measurements of the croft house site in relation to the whole croft boundary. Your map must show all existing access routes to the croft, as well as any proposed access provisions. See the page on Maps for more information.
- A completed Registers of Scotland Crofting Register application form (more info below on the steps to do this depending on whether the croft is already registered with Registers of Scotland, or not).
Application form
It is important to read the guidance notes fully before and as you complete the application form. These notes will tell you what information you need to include in your application and what other documents you need to submit.
It is also important to consider the decision parameters when preparing your application.
If the application doesn’t meet the parameters, if objections are received, if there is any inconsistencies between the application and the Register of Crofts, or if the application is not completed correctly it will take longer to decide your application.
You can submit your exchange of croft land application online or by post. To find the correct form you need, please refer to the form finder.
Here is a summary of the key points:
- Read the guidance notes before you fill out your application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
Notifications
All legatees/beneficiaries must notify the Landlord that they accept the bequest of the part croft, before the Executor submits the application to divide the croft. Please see testate succession for further information.
Registers of Scotland Application
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 divide a croft as the Executor of a deceased crofter, you will need to either register the croft with the Registers of Scotland for the first time, or if it is already registered, you will need to submit a form to update the Register if your division application is approved.
If the croft is not already registered, you need to submit a ‘First Registration (FORM A)’ application. In this application you will need to provide a map of the croft boundary. This should ideally be submitted at the same time as your ‘Division by Executor’ application. For details of how to prepare a map of the croft, and the correct form, please refer to the Registers of Scotland website .
If the croft is already registered, and the ‘Division by Executor’ application is approved, you will need to submit a ‘Subsequent Event (FORM B)’ application, within a specified timescale. Instructions on when to do this will be included in the decision letter sent to you by the Crofting Commission to notify you that your application has been approved.
You should submit your ‘First Registration (FORM A)’ or ‘Subsequent Event (FORM B)’ application to the Crofting Commission by post. You need to pay a fee of £90 when you submit your application. This can be paid by a cheque made out to the Crofting Commission, or by bank transfer. The Crofting Commission will check and process your registration application and will forward it to Registers of Scotland.
Here is a summary of the key points:
Here is a summary of the key points
- You need to register the whole of the croft with the Registers of Scotland if you are applying to divide a croft. If the croft is not already registered, you need to submit a ‘First Registration (FORM A)’ application, ideally at the same time as your ‘Division by Executor’ application
- If the croft is already registered, you need to submit a ‘Subsequent Event (FORM B)’ application within a specified timescale if your Division by Executor application is approved
- Each Registers of Scotland application has a fee of £90, payable by cheque or bank transfer
- The Crofting Commission will process and forward your application to Registers of Scotland.
Once the Crofting Commission has received your completed ‘Division by Executor – Croft House Site’ application and map, we will check to make sure that you have filled out the correct form and submitted all of the required information. If you have not submitted everything correctly, you will be made aware, and will have a specified amount of time to submit the information requested.
If your application meets the decision parameters, and provided the croft is registered on the Registers of Scotland Crofting Register, we aim to make a decision on your application within 16 weeks. If the application does not meet the decision parameters, it will take longer to be processed and decided. Please refer to ‘How decsions are made on applications for more information.
Here is a summary of the key points:
- The Crofting Commission will check your application to make sure that it is complete and correct.
- If your application meets the decision parameters, the Crofting Commission will try to make a decision within 16 weeks.
- The Crofting Commission cannot make a decision on your application if your croft is not registered with the Registers of Scotland.
Where there has been a bequest of part of the croft comprising only of the statutory croft house site to one person and the remainder of the croft to another person, and the legatees have accepted the bequests of the parts of the croft and notified both the landlord and the Crofting Commission of this within 12 months of the date of death of the crofter, the Commission must grant the ‘Division by Executor – Croft House Site’ application.
The Commission will notify the applicant, the landlord and each of the legatees, of its decision by recorded delivery post within 21 days of the decision being taken, specifying the reasons for its decision.
If a ‘Division by Executor – Croft House Site’ application is granted for a croft that was registered for the first time by the Division by Executor application, the Commission will notify the Keeper of the Registers of Scotland of the change, so that it can be recorded on the Crofting Register. The division takes effect on the date the Keeper receives the notification from the Commission.
If the croft is already registered on the Crofting Register and the ‘Division by Executor’ application is approved, you will need to submit a ‘Subsequent Event (FORM B)’ application within a specified timescale to the Crofting Commission for forwarding on to the Keeper of the Registers of Scotland. The Division takes effect on the date it is registered on the Registers of Scotland Crofting Register.
law-policy-and-procedure-division-of-a-tenanted-croft-by-an-executor-2024.pdf
