Things to consider in the succession of the croft

Your Succcessor

When choosing your successor, we recommend you discuss your intentions with them and consider their desire to become a crofter and their ability to fulfill the duties of a crofter. These duties are defined in legislation and include:

1. A duty to be resident on or within 32 kilometres of the croft
2. A duty not to neglect the croft
3. A duty to cultivate and maintain the croft or to put it to another purposeful use

Should you have no successor in mind, the Scottish Land Matching Service (SLMS) holds details of those looking for an opportunity in crofting. It also offers a place to register an opportunity which may be of interest to aspiring crofters. www.slms.scot

House on the Croft

Firstly, it is important that you know the status of the house on the croft. If you are unsure, please look up the croft on Register of Crofts initially (there is a section showing decroftings at the bottom of the page) or contact the Commission directly.

If the house is de-crofted (removed from crofting), any changes you make to the croft will not affect the house.

If the house is not de-crofted any changes or plans you make for the croft will affect the house as well. 

If you wish to carry out living succession and pass on the croft but not the house you may wish to de-croft the house before assigning the tenancy or transferring ownership.

If you wish to assign or transfer ownership of the croft with the croft house remaining part of the croft but you would like to continue to live there until your death, a solicitor can arrange a life rental agreement.  Please note that this can have an effect on your successors’ ability to obtain Croft House Grant Scheme (CHGS) for a new house as the current house would be the statutory croft house.

If you want to keep the house as part of the croft and pass on the house and croft to separate people following your death you must clearly specify this in your Will. Your Executor will be required to submit a “Division by Executor Application” following your death.

Grazings Shares

Make sure you know the status of any grazings shares associated with the croft. Ensure you make specific reference to them in the Will and that they are included in any assignation or transfer.

Croft Division

A crofter can, if they wish, divide their croft prior to succession. This may be something you want to consider if you have more than one successor in mind. It is important to note that you can only assign the croft to one named individual. The process for division is different depending on the crofter’s status. Further information is available on our regulatory pages.

Croft Registration

You may wish to consider the voluntary registration of your croft with Registers of Scotland. This registration is based on the map of your croft. A fee is payable to Registers of Scotland (currently £90) to first register your croft. Subsequent amendments including division, assignation or decrofting will incur an additional fee of £90. Further information is available on the Crofting Register website www.crofts.ros.gov.uk

Power of Attorney

Putting in place a Power of Attorney can give you peace of mind that someone you trust is in charge of your affairs. For more information see the What is a Power of Attorney (publicguardian-scotland.gov.uk)

Do you want to apply to Sublet your Croft

Subletting is the term used to describe the arrangement where a croft tenant can apply to the Commission to allow another person to work all, or any part, of their croft and/or the shares in a common grazing for a fixed period.  In terms of succession, this can be a useful exercise to allow your future successor to begin working the croft while remaining tenant. It can also be useful to ensure the croft is worked by someone else for a set time frame, if your chosen successor is unable to take over the tenancy and meet their crofting duties. 

It is the Commission’s policy that subletting approvals in respect of applications by non-resident crofters are normally limited to 5 years or less.  The Commission does not see subletting as a long-term solution to non-residency on a croft. Further details on Sublets and the application forms and guidance can be found here Subletting | Crofting Commission (scotland.gov.uk).

Do you want to apply for someone to have a short let of the croft. 

A short-term let is the term used when an owner-occupier crofter lets his or her croft to a tenant for a period not exceeding 10 years. (The Commission will normally restrict short term lets where the owner-occupier crofter is non-resident to 5 years or less) Further details on Short Lets and application forms and guidance can be found here. Short Term Let | Crofting Commission (scotland.gov.uk)