Legislative and Policy Guidance
Crofters (Scotland) Act 1993 as amended by the Crofting Reform (Scotland) Acts
2007 and 2010, section 11.
Section 11(4) states that if at the expiry of the period of 24 months from:
where the deceased crofter has failed to bequeath the tenancy, the date (no
later than two months after the date of death of the deceased crofter) on which
the Commission receive notification of the death; or
where no such notification is received, the date of death of the deceased
where the deceased crofter has bequeathed the tenancy and the bequest has
become null and void under section 10 of this Act, the date on which the
bequest became null and void
it appears to the Commission that the Executor has not furnished to the landlord
particulars of any transferee in accordance with section 11(1), they shall give notice
in such manner as they think proper, whether by advertisement or otherwise:
a) to the landlord;
b) if an Executor is confirmed in respect of the intestate estate of the deceased
crofter, to the Executor; and
c) if no Executor is so confirmed, to each person of whom the Commission are
aware and who the Commission consider may claim to be entitled to claim prior
or legal rights out of, or to succeed to, the intestate estate,
that they propose to terminate the tenancy and declare the croft vacant and invite the
recipients of the notice to make representations as respects the proposal to the
Commission before the expiry of the period of one month after the date of the notice.
Section 11(8)(i) requires that where the Commission declare the croft vacant, they
shall give notice to the landlord requiring him to submit proposals for letting the croft
before the expiry of four months from the date of the notice.
You will wish to familiarise yourself with the full legislative provisions which relate to
resolving successions which are set out at Section 11 (4) – (12) inclusive.
The Commission will endeavour to ensure that unresolved successions are timeously
resolved to ensure that crofts have resident crofters. Where succession cannot be
resolved, the Commission will require landlords to submit proposals for letting the
croft. Applications by landlords for letting a vacant croft will be considered within the
same policy criteria as that for vacant crofts. The Commission will deal
systematically with those of longest duration, but may consider specific requests from
individual landlords or crofting communities if there is good reason to do so.