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bekisman
07-Jan-11, 17:50
OK, I'm being nosy, but for months now been driven through Reay, and noticed, practically every time, 'something' going on..

The location is going Westwards through Reay, almost at the end of the village, there's the Reay shop, then the bridge - well immediately past that on the right side is a gate.
First off, noticed a note of some kind tied on it (caught my eye). Next time a blinking great tree trunk was plonked in front of the gate, next time this had gone and was replaced with a huge boulder; must have been half a ton.. next passage, this had gone and there was nothing.

But yesterday noticed three great tree trunks plonked in front of said gate.. What's going on? dispute or what..

OK as I say I'm being curious, I'm bored and it's only just New Year, I may be sad, but I don't care.. just idly wondering :confused

billmoseley
07-Jan-11, 19:54
some months ago there were drugs found in this location. i think the obstructions are purely to prevent access bye cars and trucks

davie
07-Jan-11, 20:39
Nothing to do with drugs now. The local estate sold this croft to an employee without considering that the place had a tenant. The blockade is designed to deny access to said tenant. To add insult to injury the tenant owns the habitable house at that location and the new landlord has dug up and destroyed the sewage pipes making the house unusable.
All this under sight of the Crofters Commission who appear unable or unwilling to sort out the aggressor. The C.C. have previously told the new landlord that the tenancy stands but he has a crafty financial backer who obviously has house building and letting plans for this location so to hell with Crofting Law and morality. Pugwash Villas Phase II will shortly be appearing at the site.

Commore
07-Jan-11, 20:51
Nothing to do with drugs now. The local estate sold this croft to an employee without considering that the place had a tenant. The blockade is designed to deny access to said tenant. To add insult to injury the tenant owns the habitable house at that location and the new landlord has dug up and destroyed the sewage pipes making the house unusable.
All this under sight of the Crofters Commission who appear unable or unwilling to sort out the aggressor. The C.C. have previously told the new landlord that the tenancy stands but he has a crafty financial backer who obviously has house building and letting plans for this location so to hell with Crofting Law and morality. Pugwash Villas Phase II will shortly be appearing at the site.

I know it so well, I have a similar situation and I for one will be watching this thread and its progress.

Kenn
07-Jan-11, 21:11
I'm confused a tenant rents property and does n't own it.

davie
07-Jan-11, 21:18
Confusing Lizz :D. There are two houses at the location. One derilect place owned by the wicked landlord and the other (modernised but now with no sewage system) owned by the croft tenant.

spaceddaisy
07-Jan-11, 21:22
As far as I understand a crofting tenant can own the house but not the land on which it stands. Is that right?

sandyr1
07-Jan-11, 21:33
A case for Donald Trump! Yes?? No??
Lets have a vote.......

bekisman
07-Jan-11, 21:38
It's not the Pugwash Lane track is it by any chance?

northener
07-Jan-11, 22:06
A case for Donald Trump! Yes?? No??
Lets have a vote.......

No doubt you'll be telling us that this is progress.......;)

sandyr1
07-Jan-11, 22:21
No doubt you'll be telling us that this is progress.......;)

Of Course/ brightens the 'conversation'!!

Actually perhaps you could explain something....A tenant rents/ thus how can he/she own if it doesn't belong to them.....am confused but sometimes it doesn't take much. Golach can attest 2 that.

canadagirl
07-Jan-11, 22:32
Crofting law is the definition of confusion!

spaceddaisy
07-Jan-11, 22:32
Of Course/ brightens the 'conversation'!!

Actually perhaps you could explain something....A tenant rents/ thus how can he/she own if it doesn't belong to them.....am confused but sometimes it doesn't take much. Golach can attest 2 that.

I'm sure it's to do with the land. The tenant rents the land but can own the property which stands on it. Sure someone with a bit crofting knowledge can probably give more information.

ducati
07-Jan-11, 22:34
I know nothing about crofting or the rules, but if this can happen, then it would be very risky to build your own house on a rented croft.

Tubthumper
07-Jan-11, 22:38
I suppose the landowner must have given permission for the building to go up in the first place. Wonder why they've changed their mind?

Kenn
08-Jan-11, 00:35
The property is quite an old double croft house if it's the 1 I think it is.

theone
08-Jan-11, 00:48
It all sounds a bit Donald Trumpesque to me.

LMS
08-Jan-11, 04:27
As far as I understand a crofting tenant can own the house but not the land on which it stands. Is that right?

Yes, quite correct. Crofting rights are an absolute nightmare to work-out and/or negotiate.

northener
08-Jan-11, 06:58
Generally speaking, the crofter holds security of tenure over the land on which they work. They do not own it outright. However, they can build/own a house on the rented croft land. This house remains the property of the tenant and can be sold on if the croft is given up. Plus the croft owner can not be moved on by the landowner.

The nearest comparison I can think of is a leasehold property (and it's not a very good comparison) - say a block of flats. The flat owners physically own the flat in which they live, but the property is held on a, say, 99 year lease from the owner/management company.
The big differences being that a croft house has no finishing date on the lease and the crofter pays a nominal ground rent for the area the croft house occupies. The land can be 'de-crofted', but I know even less about that than I do about crofting laws overall...:Razz

I think that's the basic outline of it, but I'm happy to be corrected.

bekisman
08-Jan-11, 10:33
The property is quite an old double croft house if it's the 1 I think it is.

I'm getting the location more clear; this double crofthouse. The one nearest the A836 road has a big hole in the roof and is near derelict?

cesare
08-Jan-11, 12:06
OK, I'm being nosy, but for months now been driven through Reay, and noticed, practically every time, 'something' going on..

The location is going Westwards through Reay, almost at the end of the village, there's the Reay shop, then the bridge - well immediately past that on the right side is a gate.
First off, noticed a note of some kind tied on it (caught my eye). Next time a blinking great tree trunk was plonked in front of the gate, next time this had gone and was replaced with a huge boulder; must have been half a ton.. next passage, this had gone and there was nothing.

But yesterday noticed three great tree trunks plonked in front of said gate.. What's going on? dispute or what..

OK as I say I'm being curious, I'm bored and it's only just New Year, I may be sad, but I don't care.. just idly wondering :confused

its prob there to stop nosey people lookin in O.O

Phill
08-Jan-11, 12:23
I know nothing about crofting or the rules, but if this can happen, then it would be very risky to build your own house on a rented croft.

It is why mortgage lenders will not lend on new builds on croftland, they insist on decrofting the land on which the house is to be built.

pat
08-Jan-11, 12:54
yes crofting ground and laws are a serious mix up.
Years ago they build a house without the land being decrofted as that was how it was done, then it was changed to being decrofted becfore the house was built but nothing done about the old system.
The house next door was built as a black house on the croft many years ago, it and the croft have been handed down through the generations until it passed to the current owner who lives in Glasgow, she allowed another crofter in the village to use the croft for many years. A few years ago this other crofter in the village told me he was going to get the croft next door and build his daughters house up at the back, did not think anything about it until was talking to the lady on one of her visits up, this was about 3 years after the first discussion with the other crofter. The look of absolute shock on her face - as it stood this man could have taken the house too as it was part of the croft. My next door neighbour went straight to the local solicitor who happens to be one of the few solicitors in Scotland who specialises in crofting law and set in motion all the moves required to keep the house and try to protect the generations of her familys history.
It was a very hard fought battle and the land is now in the hands of another relation as at 80 this lady says she is not fit enough to handle any more battles, but for my chance remark the other crofter could have taken everything.

Commore
08-Jan-11, 14:14
I know nothing about crofting or the rules, but if this can happen, then it would be very risky to build your own house on a rented croft.

Yup,
that it is,

Commore
08-Jan-11, 14:17
Generally speaking, the crofter holds security of tenure over the land on which they work. They do not own it outright. However, they can build/own a house on the rented croft land. This house remains the property of the tenant and can be sold on if the croft is given up. Plus the croft owner can not be moved on by the landowner.

The nearest comparison I can think of is a leasehold property (and it's not a very good comparison) - say a block of flats. The flat owners physically own the flat in which they live, but the property is held on a, say, 99 year lease from the owner/management company.
The big differences being that a croft house has no finishing date on the lease and the crofter pays a nominal ground rent for the area the croft house occupies. The land can be 'de-crofted', but I know even less about that than I do about crofting laws overall...:Razz

I think that's the basic outline of it, but I'm happy to be corrected.

And in addition and to explain, the tenant should not be affected by the sale of land,
and in the original answer, Dave , the CC cannot legally interfere with another landlord's tenant,