Crofting law & legal advice
Our team has extensive knowledge of the law related to crofting, with lead Partner Calum MacLeod, a fluent Gaelic speaker, advising both crofters and landowners on all crofting law matters.
Crofts are underpinned by statute - largely now the Crofters (Scotland) Act 1993 - and are regulated by the Crofting Commission. Crofting legislation in Scotland affects crofts contained within certain specified "crofting counties". Traditionally these were the counties of Argyll, Caithness, Inverness, Orkney, Ross and Cromarty, Sutherland and Zetland.
We have experience of advising on the best methods of developing on croftland and adopting the best approach depending on the circumstances.
We are able to provide specialist advice on both renewable energy and crofting law, which is becoming an increasingly important combination.
Calum MacLeod is a member of the Law Society of Scotland’s Rural Affairs Committee and is a frequent contributor to high level discussions on crofting law reform. In addition to frequent TV and radio appearances, he regularly presents on matters such as crofting and renewables at major conferences.
Chambers UK Guide to the Legal Profession notes Harper Macleod as being "experienced in crofting law matters and the development of croftland".
Contact us
Call us for free on 0330 159 5555 or complete our online form below for legal advice or to arrange a call back.
Key crofting contacts
-
Calum MacLeod
Partner
-
Kenneth Campbell
Senior Associate
Our key services include:
We advise crofting landlords, crofting tenants, owner-occupiers, and those developing on croftland, on a number of matters such as:
- Advising developers on croftland
- Applications to the Crofting Commission, including apportionment, and subdivision
- Community Rights to Buy and Land Reform
- Crofting and renewables
- Drafting and advising on applications to the Land Court including Section 19A applications, and others
- Exercise of the crofters rights to buy
- Purchase of crofting estates
- Resumption applications and decrofting applications.
- Sale of crofting estates
Speak to our specialist crofting law team now
Thank you for your enquiry. Someone from our team will be in touch with you in due course.
Work examples
Crofting and renewables
We have particular expertise in crofting and renewables. Quite often renewables projects in the Highlands and islands are on croftland and crofting common grazings. Projects are therefore likely to require a form of consent from the Crofting Commission, depending on the size of the project and who is developing.
If it is a crofter developed project then an application for decrofting may be appropriate. There may also be opportunities for the crofter to develop without decrofting or owning the land, and we have advised on regulatory applications to the Crofting Commission to facilitate renewables development.
In other cases an application may need to be made to the Land Court, either a Section 19A "Scheme for Development", a Section 5(3) agreement or resumption under the Crofters (Scotland) Act 1993.
The type of application required may depend on a number of factors, including the size of the scheme, whether it affects in-bye crofts or common grazings, the number of interests affected, the level of compensation the applicant is willing to pay, and the specific rights required over the croftland.
We have advised on croftland renewables projects both large and small. Some have proceeded through applications to the Crofting Commission, and some have required land Court consent.
Purchase of a crofting estate
We advised on the rare purchase of an extensive crofting estate in the Western Isles, comprising seven crofting townships with seven crofting common grazings. This involved a major due diligence process requiring the examination of older titles and crofting records - a notoriously difficult process. Our knowledge of crofting law proved essential in advising our client on the risks.
Applications for Crofting Consents for Hydro Scheme on croftland
We have significant experience in advising crofters on accessing green energy schemes. Recent work on a scheme promoting micro-hydro projects on croftland which involved a number of agreements with crofters for the development to proceed, decrofting of part of an owner-occupied croft, advising on a crofting resumption of common grazings, and an application to the Scottish Land Court under Section 5(3).
Diversifying a croft – wind turbine – Applications to the Crofting Commission
We have successfully advised a client in obtaining an apportionment of common grazings from the Crofting Commission for the purpose of erecting a wind turbine. This freed the crofter from having to erect the turbine on his own land, and from having to decroft the turbine site. This is a highly innovative way for crofters to diversify their holdings by utilising the legislative framework open to them.
Crofting community buy out
We recently completed a crofting community buy-out for the Carloway Community in the Western Isles. Whilst this was not a purchase under the Land Reform (Act) 2003 it was a purchase of an 11,000 acre crofting estate.
Crofting community buy out
We recently completed a crofting community buy-out for the Carloway Community in the Western Isles.
Whilst this was not a purchase under the Land Reform (Act) 2003 it was a purchase of an 11,000 acres crofting estate.
We are recognised as a ‘Noted firm’ in Agriculture & Rural Affairs by Chambers UK Guide to the Legal Profession.
Chambers UK
Some highlights
We have experience of advising in the best methods of developing on croftland and adopting the best approach depending on the circumstances.
We are able to provide both specialist advice on renewable energy and crofting law, which is becoming an increasingly important combination.
More from Harper Macleod
Why choose us?
You don't need a lawyer - not many law firms will tell you that. What you need is someone to provide a solution, and our advisors are dedicated and flexible enough to do just that.
Personal legal services
With one of Scotland's largest teams dealing with personal legal matters, we have specialist knowledge for every stage of your life - from buying a house to protecting your assets.
Awards
We are one of Scotland's leading, most successful law firms but you don't have to take our word for it. Our performance has consistently been recognised by our peers.
Chambers UK Guide to the Legal Profession notes Harper Macleod as being "experienced in crofting law matters and the development of croftland".
Chambers UK