Many crofters may be unaware that following the purchase of croft land, any associated common grazings shares, which remain tenanted, are deemed to be a separate and distinct croft in their own right.
It is important to understand that it is deemed to be a croft only for the purposes of the Crofters (Scotland) Act 1993 and to ensure that the right is still subject to crofting controls and regulations. This is the reason why many owner-occupier crofters receive Crofting Census forms to complete and return to the Commission for both their croft and for their grazings share.
Crofts and deemed crofts (grazings shares and, where appropriate, apportionments) have their own separate entry in the Register of Crofts. When a croft has to be registered in Registers of Scotland’s Crofting Register, the deemed croft has to be registered separately.
The practicalities of having a deemed croft has little implication for crofters. However, when it does become important is with the sale or transfer of a croft and croft succession.