Crofting Law Alert - one week to conclude missives

23 September 2011

Brian InksterFollowing a very successful Crofting Law Conference in Edinburgh yesterday, organised by the WS Society and the Crofting Law Group, a warning has been made by Brian Inkster that solicitors may have only one week to conclude a missive in certain crofting conveyancing transactions.

The latest Commencement Order has recently been made by the Scottish Ministers bringing into force further sections of the Crofting Reform (Scotland) Act 2010 on 1 October 2011.

Brian Inkster has stressed that conveyancers should be aware that as from 1 October 2011, under section 19D of the Crofters (Scotland) Act 1993, an owner-occupier crofter may only divide their croft if they have first obtained the consent of the Crofters Commission. If they fail to do so any deed purporting to transfer ownership of part of an owner-occupied croft (e.g. perhaps a house site being sold off from it) will be null and void.

However, the Commencement Order gives solicitors a very brief window to resolve this issue in respect of any ongoing transactions. This new provision has no effect as regards a transfer of part of an owner-occupied croft for which missives are concluded prior to 1 October 2011. Thus if you conclude a missive within the next week with settlement taking place post 1 October 2011 there will be no need to apply to the Crofters Commission to divide the croft. But any missives concluded after 1 October 2011 will need to take into account the fact that an application to the Crofters Commission for division of the croft will be essential.

Crofting lawyers will therefore no doubt be very busy concluding missives during the course of the next week.

Brian's warning has been relayed to solicitors throughout Scotland by:-

The Firm Online: Crofting missive deadline warning

Journal Online: Crofting conveyancing alert ahead of new Act

Scottish Legal News: Crofting Lawyer warns of missives deadline

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