Division (croft house)
This application allows the executor of a crofter who has died to apply for consent to divide a croft. This division is specifically for cases where the croft tenancy has been left in a will with the house going to one person and the remaining croft land going to another.
Who can apply?
- Executor of a crofter who has died
Is this the right application for me?
- Use this application if the will leaves the croft house to one person and the remaining croft tenancy to another, and the house site area is 0.4 hectares or less.
- If the croft house site area exceeds 0.4 ha, you should use a general division application.
Important steps before an application
- All of those left a part of the croft in the will must notify the landlord and us that they accept their inheritance within 12 months of the crofter's death.
- All of the croft must be included and no part can be left untenanted.
Getting approval quickly
We use a set of simple rules called 'parameters' to assess your application for the division of a croft house site by an executor. If your application meets every parameter, and no one objects, we can approve it more quickly.
Check list
Your application must meet all these points for a quick decision:
- House site status: There must be evidence that only the statutory croft house site is being divided, and the deceased crofter had not previously decrofted and purchased it.
- Size: The area applied for does not exceed 0.4 hectares.
- Other buildings: The site does not include any buildings currently used or capable of being used for agricultural purposes.
- Access: Access to the remainder of the croft is not included in the area applied for.
- Landlord concerns: The landlord has not expressed any concerns (eg about excessive size, inclusion of agricultural buildings, or croft access).
If your application does not meet all the simple rules, it is treated as a complex application. This means it is passed to senior staff for review, and the decision will take longer to process.
How do I apply?
To apply, complete the ‘division (croft house)’ application form. Please read the guidance notes first. If your application doesn't match the register of crofts or is incomplete, we won't be able to process it. You can submit your application online or by post. First, search for your croft and then find the correct form.
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You must also include:
- A copy of the will showing the applicant is the executor and providing evidence of the specific bequests.
- A copy of each successor's notice to the landlord confirming acceptance of the bequest.
- A map of the proposed division, including the location, extent, and boundary measurements of the house site.
- Registers of Scotland application: If your croft is not already registered with the Registers of Scotland, you must submit a first registration (Form A). If your croft is registered, you'll submit a subsequent event (Form B) if the application is approved. Each Registers of Scotland application has a fee of £90. We will process and forward these applications on your behalf.
The process
- Initial checks: We'll check the application for completeness and ensure it only relates to the statutory croft house site.
- Decision: We aim to make a decision on straightforward applications that meet all the parameters within 16 weeks. We can't make a decision until the croft is registered with the Registers of Scotland.
What happens after a decision?
If the legal requirements have been met, we must grant the application.
- A decrofting direction will be prepared and sent to you. We will notify the Registers of Scotland of the change.
- The division takes effect on the date it is registered with the Registers of Scotland.
- If the croft was already registered, you will be advised on the timeframe for submitting a subsequent event (Form B).