Mystery in Reay

**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

**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

Originally Posted by davie

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

. 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

Originally Posted by sandyr1

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

Originally Posted by northener

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

Originally Posted by sandyr1

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

Originally Posted by spaceddaisy

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...

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