Category Archives: New Blog

100 Crofting Law blog posts

100 Crofting Law blog postsMy last post, ‘The Chief Grazings Constable‘, was the 100th post on the Crofting Law Blog.

Quite a milestone.

I started the blog on 18th March 2013 because I was finding so much to write about the decrofting debacle. I said then:-

Crofting law appears to be in turmoil in a way that has possibly not been seen since it was introduced in 1886. The time is surely ripe for a crofting law blog to air the issues arising in an open, clear and transparent way.

Three years later and that turmoil has, somewhat unbelievably, got worse with the current common grazings debacle (aka ‘The Common Clearances‘).

There have been 32 blog posts on the common grazings debacle alone and that in the space of less than 3 months since the first one was published on the alleged abuse of power within the Crofting Commission. Coincidentally there is the same number of blog posts on here about the decrofting debacle. Although I had also written seven articles about that issue on inksters.com before starting the Crofting Law Blog. I reckon there will be more (probably a good bit more) than seven further blog posts to write about the common grazings debacle.

So we have the Crofting Commission and Scottish Government to thank (although we probably shouldn’t really be thanking them!) for creating the hot topics that have kept this blog so active.

The other 36 blog posts have covered a good mixture of crofting law matters including the Crofting Register, Scottish Land Court Technology, Crofting Law Sump, Sporting Rights on RaasayCroft House GrantsCrofting Convenergate, flaws in the Crofting Election Consultation, new appointments at the Crofting Commission, Scottish Government, Scottish Land Court and the Crofting Law A-Team.

Our blogs posts have, on the whole, been well received. They have, we would like to think, kept the Crofting Commission on their toes and perhaps even assisted some changes of heart on their part. We keep on blogging to explain the law, highlight injustices, to press for those changes and also as a result of nice comments of support like this one:-

I can’t thank you enough for the help and advice you have given over the last few months and I think the Crofting Law Blog has been an invaluable source of information that was virtually impossible to find anywhere else.

We have found obtaining relevant information from the Crofting Commission about the many complex aspects of crofting law extremely difficult so finding the Crofting Law Blog was a huge help to us.

You all deserve an award.

It seems a shame that such a clear and understandable source of information could not have been provided by the Crofting Commission itself.

A big thanks to all readers of and contributors to the Crofting Law blog over our first 100 blog posts. We will keep on blogging open, clear and transparent information about crofting law. If there is anything in particular you would like us to blog about or if you would like to contribute a post to the blog yourself then do let us know.

Brian Inkster

Crofting Law Comments are back!

Comments for Inksters on Crofting LawSeveral months ago all comments that had ever been made by anyone on this Crofting Law Blog vanished. Any attempts to post new comments failed.

We didn’t know why.

It curtailed our ability to use this blog as an interactive one. Planned blog posts were put on hold pending a fix.

We couldn’t get it fixed. But then we specialise in crofting law and are not WordPress experts. Thankfully through a very useful blogger contact we eventually found such an expert. He fixed it overnight.

All old comments that were previously visible are now visible again. New comments will now come through for moderation. It is likely, however, that any comments made by anyone over the past few months when the comments function was not working have been lost. We are sorry if this is the case.

We are though now back in business at the Crofting Law Blog. Just as well as there have been some interesting crofting law developments of late and we can also now post several outstanding blog posts that had been on hold.

Brian Inkster

All quiet on the crofting law blog

All quiet on the crofting law blogThere have not been any posts for a while on the crofting law blog. That is not because nothing has been happening in the world of crofting law. It is simply because the crofting lawyers at Inksters have been somewhat occupied over the past few months with activities that have kept us away from blogging. Inksters have moved into a new HQ in Glasgow and expanded staff numbers by four including a Gaelic speaking solicitor based in Glasgow and an Estate Agent based in Portree who will enhance the service Inksters can provide to crofters selling their crofts in Skye and Lochalsh and the surrounding areas. The new Estate Agent will also cover Inverness-shire, Fort William and Oban. Eilidh Ross of Inksters’ Portree and Inverness offices has been on maternity leave with Brian Inkster and Martin Minton covering for her during that period. Eilidh is now back at work from the beginning of May.

With things settling back into place we will be able to catch up with some crofting law blog posts on here. Indeed we have at least five in the pipeline: A Review of crofting law in 2013 and a glimpse at what 2014 may have in store (an article from Brian Inkster that first appeared in the Scottish Legal News Annual Review 2014); ‘To buy or not to buy?’ and ‘Did the 2010 Act Equalise Availability of Crofting Grants?’ both by Eilidh Ross; a guest post on owner-occupier crofters by Derek Flyn; and a post by Brian Inkster on the recent Land Court decision on whether resumption of part of a common grazings triggers registration in the Crofting Register of all crofts with a share in that grazings.

So keep an eye on the crofting law blog over the next few weeks as things will be far from quiet here in May.

Brian Inkster

The time is ripe for a crofting law blog

The time is ripe for a crofting law blogOver the past three weeks eleven crofting law related news items have been posted at inksters.com:-

Crofting Commission halts decrofting process for owner-occupier crofters

Alternative opinion on owner-occupier crofters’ right to apply for a decrofting direction

When (if ever) is an owner-occupied croft vacant?

Call on Crofting Commission to reverse decrofting decision

Inaction over decrofting debacle – what now for crofters?

Minister re-affirms position on decrofting

Decrofting debated on BBC Radio Shetland

Raasay highlights problems with external ownership in crofting communities

Pairc legal challenge rejected

Inksters and Scottish Crofting Federation launch crofting law helpline

Crofting Law in North and South Uist and Benbecula

Most of these (the first seven listed) relate to the decrofting debacle created by the Crofting Commission when they suddenly announced that they were no longer processing applications to decroft made by owner-occupier crofters. The Crofting Commission believes that it is illegal for them to do so based on an interpretation of the Crofters (Scotland) Act 1993 sought and obtained by them from their legal advisers. I have an alternative interpretation on that. I may not be correct. Crofting law is complex and often open to different interpretations. However, given that it is so complex, I do not believe that the Crofting Regulator should cease the work it has been doing, without question, to date and decree that the interpretation that it has obtained is the correct one. Surely that is the job of the Scottish Land Court and should follow on from an actual challenge of the procedures adopted by the Crofting Commission.

A week before the announcement on owner-occupied croft decrofting a more low key announcement was made on a change of policy by the Commission for decrofting and letting applications. This new policy is that all decrofting and letting applications in respect of crofts with multiple owners, must be submitted by all the owners, in their capacity collectively as the ‘landlord’ of the croft, even in those cases where the application related to a part of the croft held in title by only one of their number.This policy announcement has been overshadowed by the owner-occupier crofter decrofting debacle. It is, however, also a significant matter that needs careful consideration as to the consequenses that the Crofting Commission have now unleashed on that front, again as a result of their particular interpretation of the law. We will no doubt look at this in detail in a specific blog post on the Crofting Law Blog.

The Crofting Commission is new, in that it was established on 1 April 2012 to take over the regulation of crofting from the Crofters Commission. For the first time it consists of six Commissioners elected by crofters with the other three Commissioners having been appointed by Scottish Ministers. Only one of the nine Commissioners served on the former Crofters Commission. They have been in power for less than a year and are already making their mark on the world of crofting law even although they have yet to publish their Plan (it has to date been seen in draft form only). Perhaps that should have come first before pulling apart the Crofters (Scotland) Act 1993.

Just before the decrofting debacle began we had the surprise decision by the Scottish Government not to renew the lease of sporting rights to the crofters of Raasay and grant it instead to a company from Ayrshire. This caused uproar and there was a sudden U-Turn by the Scottish Government.

Crofting law appears to be in turmoil in a way that has possibly not been seen since it was introduced in 1886. The time is surely ripe for a crofting law blog to air the issues arising in an open, clear and transparent way.

Brian Inkster