Transfer-by-Executor-Grazings-Share-Only-Family-Application-

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					Family Transfer
  by Executor
  Application -
Grazing Share(s)                                        Castle Wynd, Inverness IV2 3EQ
                                                    Telephone: (01463) 663450 Fax: 711820
      only                                              www.crofterscommission.org.uk




          Please read the enclosed Explanatory Notes carefully before starting.
           Incomplete forms cannot be considered and will be returned to you.


    Important: The tenancy of a croft cannot be transferred to more than one person


Part 1 – Croft and Crofter Contact Details (to be completed by Executor)


1    Croft and Crofter Details (fields marked with an (*) asterisk must be filled in)
*Name of Croft/Holding the share relates to:

Parish:

Croft Reference Number: C/                     Agricultural Code Number:

Name of Deceased Crofter:

*Date of Death: ________/________/___________ (please give day, month and year)



2    Executor Details (fields marked with an (*) asterisk must be filled in)
*Surname:                                      *Title: Mr/Mrs/Miss/Ms/Other

*Forename(s):

*Postal Address:

                                               *Post Code:

Daytime Tel No:

Mobile No:

E-mail:




TRAN 22 - Revised Oct 2008                     1                  Please turn to next page
Part 1 – Contact Details (Cont’d)


3   Agent Details for Executor (if applicable)
Agent’s Name:

Postal Address:



                                            Post Code:

Daytime Tel No (including Code):

Mobile No:

E-mail:



4   Owner of Common Grazing Details
*Name of Organisation/Company/Estate (if applicable):

Surname:                                         Title: Mr/Mrs/Miss/Ms/Other:

Forename(s):

*Postal Address:



                                                 *Post Code:

Daytime Tel No (including Code):

Mobile No:

E-mail:


5   Agent Details for Owner of Common Grazing (if applicable)
Factor/Agent’s Name:

Postal Address:



                                             Post Code:

Daytime Tel No (including Code):

Mobile No:

E-mail:


TRAN 22 - Revised Oct 2008                  2                      Please turn to next page
Part 2 – Application Details
6   A list of persons who qualify as a member of the family for Succession purposes is listed
    below. Please tick the appropriate box to let us know whether the proposed transferee is
    the deceased crofter’s:

    Spouse (Husband or wife) …………………………………………………………..

    Civil partner ……………………………………………………………………………

    Co-habitant …....................................................................................................
    (Please Note:            A co-habitant is included only if the crofter was unmarried/had no
                             civil partner and co-habitant had lived with the crofter in the croft
                             house for at least 2 years.)

    Sibling (brother or sister) …………………………………..…………………………

    Sibling’s spouse or civil partner ………………..……………………………….......

    Spouse’s or civil partner’s sibling …………………………………………………...

    Father ………………….…………………………………………………..…………..

    Mother ……………………….…………………………………………………….…..

    Son ……………………….…….……………………………………………….……..

    Daughter …………………………………………………………………….…..…….

    Son’s spouse or civil partner ……………………………………………………..…

    Daughter’s spouse or civil partner …………………………………………….……

    Grandchild …………………………………………………………………………….

    Grandchild’s spouse or civil partner ………………………………………………..

    Aunt ………………………..…………………………………………………………..

    Uncle …………………………………………………………………………………..

    Nephew ………………..…………………………………………………….………..

    Niece …………………………………………………………………………….…….

    Please Note:           If the proposed assignee is not listed above, you must complete a
                           Non-Family Transfer by Executor application

TRAN 22 - Revised Oct 2008                                       3                             Please turn to next page
Part 2 – Application Details (Cont’d)


7   (i)    When did you obtain confirmation to the deceased crofter’s estate?
           ___________________________________________________________________
                                   (day, month and year)

    (ii)   Does the confirmation include the tenancy of the grazing         Yes            No
           rights?



8   Please give details of the grazing share(s) below:


                     Name of
                                                           Grazing Share/Souming
                  Common Grazing




Part 3 – Public Notification


9   You must advertise your application to transfer the tenancy in a newspaper circulating in
    the local area.


    It is important that you send your application to the Commission before your application
    advert appears in a newspaper. However, we do need to know where and when the advert
    will appear. For this reason, please give details of the arrangements you have made for
    advertising your application:


    (i) Name of newspaper
        displaying application advert: ____________________________________________


    (ii) Anticipated date advert will be displayed in newspaper: ________________________


    A sample advert for your use is attached to this application at Appendix 2.




TRAN 22 - Revised Oct 2008                     4                      Please turn to next page
Part 4 – Applicant Declaration


It is important you read and understand the following before you sign and return this
form to the Commission:


(i)    This application is for the whole of the tenancy – if you wish to transfer only part of the
       share, you must apply for the Commission’s consent to divide the share.


(ii)   If the Commission approve your proposal, the transfer will go ahead *2 clear months after
       the date of our approval decision, unless you and the proposed transferee jointly give the
       Commission written notice that you do not intend to proceed with it.


       *Please Note      Our decision or determination can be appealed to the Scottish Land
                         Court within 42 days from the date of our decision letter.




10

                This application is submitted under section 16(2A)(a) of the
       Succession (Scotland) Act 1964 as amended by the Crofting Reform Etc Act 2007
                   for consent by an Executor to transfer a grazing share

           I have arranged for Parts 5 and 6 below to be completed and signed by the
            proposed transferee

           I will advertise my application for consent to transfer the grazing share in a
            newspaper circulating in the local area.

           I will give the owner(s) of the common grazing written notification of my
            application.




        Signed ______________________________                  Date ____________________
                               Executor




TRAN 22 - Revised Oct 2008                         5                     Please turn to next page
Part 5 – Proposed Transferee Details (for completion by
         the Proposed Transferee)


Important: The tenancy of a croft cannot be transferred to more than one person


11   Your Details
*Surname:

*Forename(s):

Mr/Mrs/Miss/Ms/Other:                                  Date of Birth:

*Postal Address:



                                                       *Post Code:

Daytime Tel No:                                        Mobile No:

E-mail:




12   What are your plans for taking up residence on or within 10 miles of the
     common grazing? (Tick  the box that is appropriate to you)

     A I am already resident

     B I have firm plans to take up residence within one year

     C I would like to take up residence but have no firm plans

     D I do not intend taking up residence



13   (i) Do you occupy any other land?                                                Yes          No
         (for example another croft, holding or farm)

     If ‘Yes’, please give details below:
      Agricultural                           Any common          Area      Status          Details of
         Code           Croft/Holding Name   grazing rights       in      eg owner,      stock held on
          No                                    (Yes/No)       Hectares    tenant          other land




TRAN 22 - Revised Oct 2008                         6                         Please turn to next page
Part 6 – Proposed Transferee Declaration


14

      I confirm that the details I have given are correct and I understand that if I have
            withheld any relevant information, it may jeopardise the application.




     Signed __________________________________            Date _____________________
                        Proposed Transferee




TRAN 22 - Revised Oct 2008                    7                    Please turn to next page
TRAN 22 - Revised Oct 2008   8   Please turn to next page
                                                                          APPENDIX 1


       THIS NOTICE MUST BE SENT BY RECORDED OR REGISTERED POST




                            Notice for Landlord


   Proposed Family Transfer by Executor of Grazing Share(s)



*(delete as appropriate)

I am applying to the Crofters Commission, in my capacity as Executor of the late
_________________________ for consent to transfer the tenancy of the grazing share(s)
in the _____________________________________________________ common grazing
pertaining to the croft/*holding at _____________________________________________
to _____________________________________________________________________
of _____________________________________________________________________


If you have any objection to the proposal, you may submit representations in writing or
some other permanent form to the Crofters Commission, Castle Wynd, Inverness IV2 3EQ
by _________________________________ (insert date here, giving 28 days from date of
publication of newspaper advert) stating the reasons for the objection. The Commission
will copy any representations made to me.




  Signed ________________________________             Date _______________________
                     (Executor)




TRAN 22 - Revised Oct 2008                   9                      Please turn to next page
TRAN22 - Revised October 2008   10
                                                                              APPENDIX 2




                      Sample Newspaper Advert



   Proposed Family Transfer by Executor of Grazing Share(s)

*(delete as appropriate)


_______________________________________________, Executor is applying to the
Crofters Commission for consent to transfer the tenancy of the grazing share(s) in the
__________________________________________________________ common grazing
pertaining to the croft/*holding at _____________________________________________
to _____________________________________________________________________
of _____________________________________________________________________


If you have any objection to the proposal, you may submit representations in writing or
some other permanent form to the Crofters Commission, Castle Wynd, Inverness IV2 3EQ
by _________________________________ (insert date here giving 28 days from date of
publication of the advert), specifying your interest in the application and your reasons for
objecting. A copy of any representations made will be forwarded to the applicant.




TRAN22 - Revised October 2008                 11

				
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