CaseCheck Crofting Law Experts

24 November 2010

Inksters are now providing expert comments on crofting law cases for CaseCheck.

CaseCheck is an extensive online resource of court cases and case law used by lawyers, law students, in-house lawyers, paralegals, claims handlers, barristers and advocates throughout the UK and the rest of the world. You can search the CaseCheck case law archive, find your next legal job or browse the database of legal articles.

Crofting law was not an area specifically covered by CaseCheck until now. Inksters are pleased to be introducing crofting law as a category of its own on CaseCheck and providing expert commentary on reported decisions of the Scottish Land Court and the Court of Session.

Brian Inkster is well know for specialising in crofting law. Brian is the Hon Secretary of the Crofting Law Group and a regular contributor of articles and talks on crofting law. He has recently been writing about and giving talks on  the new Crofting Reform (Scotland) Act 2010. Brian is therefore very well placed to provide expert comments via Inksters for CaseCheck.

The first crofting law case that Inksters have provided expert commentry on is Marie Marion McGrath and Another v Thomas Lorne Nelson [2010] CSOH 149.

This Court of Session case concerns the validity of a purported transfer of a tenancy of a croft by the majority of the executors of the deceased crofter under the Succession (Scotland) Act 1964 and the Crofters (Scotland) Act 1993.

As pointed out in Inksters' expert crofting law comments this case highlights the importance of time limits when dealing with crofts and succession. To obtain Confirmation of the deceased's estate within one year of the date of death is paramount. The transfer of the crofting tenancy can be effected prior to Confirmation and validated by it. But that transfer must be by way of a document, however informal, transferring the interest. Ideally executors should aim to obtain Confirmation well within the one year period and then effect a docquet transfer leaving no doubt about the validity involved. It is noted that the Crofting Reform (Scotland) Act 2010 extends this one year period to two years. At the time of writing the relevant part of the Act has not yet been brought into force.

Keep an eye on CaseCheck for future crofting law cases and expert comments thereon by Inksters.

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