Division (grazings shares)
Division of a grazings share is the creation of two or more shares from an existing grazings share. This usually happens so one or more of the new shares can be separately assigned or let with our consent.
Who can apply?
- A tenant of a grazings share
Is this the right application for me?
If you want to divide both the croft land and the grazings share, you must use the division of a croft application.
Things to consider
- If the share is sublet, you must give the subtenant 6 months' written notice before submitting the application.
- You should confirm your share/souming entitlement with your grazings clerk or the us before applying.
- Any crofter forestry rights will be divided in proportion to the division of the share.
Getting approval quickly
We use a set of simple rules called 'parameters' to assess your application for the division of grazing share(s). 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:
- Access: The division must not create any access issues.
- Proposed use: There are no concerns over the proposed use of the new share created by the division.
- Demand: No demand has been expressed for the tenancy.
- Objections: No one has objected to the application.
- Landlord concerns: The landlord has not expressed any concerns over the proposed division.
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 (grazings shares)’ 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:
- Advert copy: You must advertise the proposed division in a local newspaper. The advert must appear no earlier than one month before and no later than two months after submission. Sample adverts for owner-occupier crofters and tenant crofters.
- Notifications: You must have given written notification to the croft landlord or owner of the common grazings and have their agreement.
- Registers of Scotland application: Registration with the Registers of Scotland is required, but the form you submit depends on the current registration status of your grazings share. Each Registers of Scotland application has a fee of £90. We will process and forward these applications on your behalf:
- If your grazings share forms part of a larger tenanted croft and the whole croft is not registered, you must submit a first registration (Form A) for the whole croft.
- If your grazings share is a separate croft (comprising solely of the grazings shares) and the common grazings is not registered, you must submit a first registration (Form A) for the common grazings.
- If the croft or common grazings is already registered and your application is approved, you must submit a subsequent event (Form B) within a specified timescale to update the register.
The process
- Initial checks: We'll check your application for completeness and ensure all advertising and notification requirements are met.
- Consultation: We allow 28 days after advertising for the public to submit comments or objections.
- Decision: We aim to make a decision on straightforward applications that meet all the parameters within 16 weeks. We cannot make a decision until the croft or common grazings is registered with the Registers of Scotland.
What happens after a decision?
We will notify you and other involved parties of our decision within 21 days.
- If approved: The division takes effect on the date it is registered with the Registers of Scotland.
- If the croft/grazings were already registered, you must submit a subsequent event (Form B) within a specified timescale for the change to be recorded.
- If refused: You have 42 days to appeal our decision to the Scottish Land Court. You can find more information about this on our appeals page.
Further information
Division law, policy and procedure – tenanted croft