In a situation where a croft is owned and the owner wishes to transfer the croft to two or more people, is the consent of the Commission required to divide the croft prior to the transfer?

It depends on whether the intention is for the new owners to (a) hold title to the whole croft jointly, or (b) to hold title to separately identified parts of the croft. In scenario (a) no division application would be required to divide the land. In scenario (b) an application for the Commission’s consent to divide the croft to form 3 crofts owned and registered separately in the names of the individuals would be required.

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