What defines "Crofting" in Shetland today?

[Wanderlust]

Hi

I am hoping to move to Shetland within the next 18 months or so with intention of buying a small croft. Depending on the land size (currently looking at properties on Yell with 5 acres, 3 acres and 1.5 acres) it is our intention to hopefully bring our 2 horses with us, grow our own vegetables, keep chickens and possibly a couple of sheep or goats (again depending on the land size). The horses will obviously be for leisure but it is our intention to make the land work for us as a family in the most efficient way (albeit we hope with much advice from current crofters). Would this be termed as "crofting"? I am aware of the issues surrounding the gradual loss of this way of life and would want to ensure we do everything we can to support crofting even if it is very smallscale. Also, is hay very expensive to buy on the island from other farmers? Does it need to be imported? I'd very much appreciate any advice from local crofters. I am currently looking at properties on Yell.

[MuckleJoannie]

Crofting as a technical term is still defined by Crofters' Holdings (Scotland) Act 1886, an act that has resulted in a croft being described as "a piece of land surrounded by legislation".

 

I don't personally know any crofters who are self sufficient. The ones I know either have an old family croft as a hobby or have combinded several holdings to make it worthwhile to work as a job.

[Ghostrider]

Unless the rules have changed (and they may well have the way the Scottish Parliament keeps on tinkering with things), any area of land, minimum size one acre, intended for use for agricultural purposes, and registered with the Crofter's Commission, constitutes a "croft" according to the technical definition.

 

In general practice though, the term "croft" would not usually be applied locally to any such holding under around 5 acres or thereabouts. But that in itself means nothing more than a preferred usage of terminology, if anyone with a smaller area of land they were using for agricultural purposes, wished to describe it as a "croft" and themselves a "crofter" no-one would be too bothered about it.

 

Things to watch out for when you are purchasing "croft" land in any of the so called "Crofting Counties", which is not always appreciated by folk from elsewhere, and often leads people in to thinking they are buying one thing, and ending up with something rather different.

 

Firstly, not all "croft" land is registered with the Crofters Commission. Technically any agricultural production ground on unregistered land shouldn't be described as a "croft", or part of a "croft". However in common usage it almost always is. The reason why both unregistered and registered units are both encompassed under the same common term pre-dates the crofting legislation. Back then both had identical status, when the crofting legislation came along, most, but not all tenants registered the land they occupied with the Crofters Commission, and that land is what comprises the units which are technically "crofts" today. The minority which weren't registered, and haven't been registered since, as they are almost always identical to those which were registered, in every other way, have also come to be known a "crofts" by default.

 

If the land you buy is NOT registered "croft" land with the Crofters Commission, buying it is much the same as buying anything else. You pays your money, you get the legal niceties signed and sealed, and its your's to do with as you see fit.

 

However, if you are buying land that IS registered "croft" land, you may be "buying" one of three different things, and the seller may well not make it very clear which of the three it is unless you ask the right searching questions.

 

The simplest of the three is buying the ownership AND the occupancy/tenancy of the registered "croft" land. If this is what is on offer you just have one hurdle to negotiate. Once you've paid your money the ownership is your's, nobody can interfere with that. However, the occupancy/tenancy is a whole other matter. Although you can "buy" it, there is no guarantee that you will be able to make use of it. Bottom line, the Crofters Commission has the power to award the occupancy/tenancy of all registered "croft" land to whomever wants it and they believe will make best use of it. Worst case scenario, you could end up having bought the occupancy/tenancy, being rejected as occupier/tenant by the Commission, and have another occupier/tenant installed on it, and there's nothing you can do about it. In practice such things happen only very rarely, but the risk is there until and unless you yourself are approved as occupier/tenant by the Commission. If buying land that in any way involves the Commission, that you want occupancy of, it might well be prudent to make your offer for it subject to you obtaining Commission approval as occupier before the sale was final, or at least discussing with a solicitor familiar with croft law what your options are to prevent and/or compensate you for possibly ending up in a position of not being able to become the registered occupier with the Commission.

 

Secondly, quite often sales involving registered croft land are only for the occupancy/tenancy, NOT outright ownership. A significant proportion of Shetland croft land is still owned by a small number of historical "lairds" Estates. If the sale is only for the occupancy/tenancy, you have exactly the same issues as outlined above of being accepted by the Commission as the registered occupier/tenant, AND of being accepted as a suitable tenant by the Estate to which the land belongs.

 

The third option is by far the worst, and one you would probably be wise to avoid like the plague, as with it you will be buying something you are highly unlikely to be able to use, and from which you will only receive a minimal fixed income. Occasionally registered croft land is offered for sale, with the fact that it has a sitting Commission approved occupier/tenant "conveniently" minimised and glossed over in "Estate Agent" jargon. If you buy that, you won't be able to access it, never mind make any use of it, you will be the landlord only, and for 5 acres or less may receive an annual rental of £5 - £10. A Commission occupier/tenant has security of tenure/occupancy, and you as landlord, would have no means by which to legally remove them.

 

Ask if the land you are interested in is or isn't registered with the Commission as "croft" land, if it is ask if you're buying the the ownership AND the occupancy, or just one of them, and ask if the land is currently occupied by a Commission approved tenant.

 

There isn't usually much hay available from other farmers, hay making has always been very time consuming and of very variable quality due to the climate, and many people have gone over to silage instead. There's usually one or two selling a little that they have surplus, who advertise in the local paper, but if its a particularly poor hay making year you can't rely on that. To buy from other farmers locally, assuming there's any available, you'd need to buy all you were going to need for the winter "off field" during the hay season. Its rare anyone has any available during the winter itself. For price its usually cheapest "off field" too, but as with much else that price is set using what it would cost to import the same thing from the Mainland at that time.

 

There's a significant amount of hay imported most years, and there are one or two dealers locally who import it for resale and keep stock to hand throughout the winter. If you were expecting to use an artic trailer load and had suitable storage facilities for it you would probably be slightly better off importing you own (save paying the dealer's cut), but that amount is about two to three times what you'd need for the stock level you have in mind. For the smaller amount you'd use, there probably would be little or no saving importing you own, and either local produced in season, if its available or buying as required from one of the dealers would be the best deal you could hope for.

[Henry]

Why not just make hay yourself? Buying any feed is expensive. Dispense with the horses who will not make any income or provide meat and just keep a few sheep/pigs/hens - although there is so much legislation surrounding the keeping of all animals now that it is sometimes hardly worth the hassle!

[Wanderlust]

Thanks ever so much for your replies. Ghostrider the info you have given me is so helpful and detailed - thanks for your time! I understand that the croft I am interested in is owner occupied but I am not sure whether it is actually "registered" so that is something I will definitely look into. I'll also be ensuring that there are no other tenants already "insitu" on the land. I had a feeling it may be a bit of a minefield so your advice is very welcome.

 

From the sounds of things I think you are probably right in that it will be easier for us just to buy hay straight from the field if it is available or if not from a local dealer.

 

Although we like the idea of being "self-sufficient" we also realise this is very difficult to achieve so we will both be also looking for part-time work on the island to supplement our income. My husband is an osteopath and I am a bit of a "heinz variety" and train horses, teach pilates and am also a nutrition specialist although I have also worked as a secretary for many years previous to this.

 

I hope you don't mind me asking but are you a crofter yourself? If so, would it be possible to stay in touch? I feel confident that I can achieve what I am setting out to do but it would be nice to have some expert advice to hand.

 

Just one last question, although I am hopefully buying a croft within the next 2 or 3 months I will not be able to move into it permanently for almost 18 months. If the land is registered would this cause a problem with the Crofting Association? I have e-mailed them too but to date have not had a reply.

[Wanderlust]

Why not just make hay yourself? Buying any feed is expensive. Dispense with the horses who will not make any income or provide meat and just keep a few sheep/pigs/hens - although there is so much legislation surrounding the keeping of all animals now that it is sometimes hardly worth the hassle!

 

I must admit Henry that I have been seriously considering whether it is "practical" to bring our horses with us given how much land they require and how much they cost to feed! I'm just trying to persuade my husband that perhaps it's best for us to sell them before we make the move but it's difficult to give something up that's always been part of our lives. Apart from obviously the lovely Shetland Ponies are there many private horse-owners on the islands?

 

We do really hope to keep animals on the land but if this did become too difficult legislation wise would just growing vegetables, keeping chickens etc be acceptable to the crofting commission if it's only a 4 or 5 acre croft? Although if we don't bring our horses we would have to put some livestock on it to graze and manage the land anyway so I guess that answers my own question!

 

Thanks again everybody. All input very gratefully received!

[Frances144]

We have horses and ponies - http://www.thordale.co.uk

 

Making hay is back breaking. It never dries very well and you need a very dry place to store it. Some areas of the islands are better than others. Horse food is more than the price of south, I think and so is hay and straw. Most folk cut for big bale silage.

 

Horses and ponies do not count in any way as agricultural. You will get no grant subsidy for having them.

 

The Good Life is certainly possible but do not plan on it as your only income. This year my OH planted his veg garden. I see only tatties growing and the rest has disappeared. Last year we couldn't move for veg! Our silage is very slow growing too.

[Girzie]

Hay making is a pleasure and we have always got it in and dry in 23 years of making hay here in the islands. Our silage is the best for years.

[paulb]

if it says owner occupier then there is no tenents. it would be a shame to get rid of your horses. but on the area your not going to have much space for much else. does it come with any common grazing or apportiment. an alternative is to see if you can rent a bit more land of someone near by. your going to need stables so watch out for out buildings. its exensive to buy thing like that up here.

you will need to be careful over feeding. the cost of hay is a lot more up here. last year we got no silage due to the weather and being late getting the animals of the hay field. this year look a lot better.

 

whats the land like is it hill land or is it the crofts arable land. most crofts had a good bit of land for growing fodder and crops. make sure that the septic system is working properly. is the water mains. make sure you know what your buying in way of the house. watch the price some are over priced.

[Wanderlust]

Thanks again to you all for your advice and info. I'm taking it all in and will continue to enjoy reading all your posts.

 

The move can't come soon enough for me!

[Kavi Ugl]

Well, I used to go to Yell for my holidays as a little boy/teenager and the family up above where we lived were crofters in the most true sense but a few years ago they gave it up and the man went into secular employment simply because crofting is such a hard job with horrendeous hours.

 

Infact, I remember the man telling us to "never become crofters" and trust me this was a true born and bred crofting family!.

 

I just question the reality of this "dream life, living off the land" thing"......

 

Sorry!.

[Spinner72]

^^ The difference is whether you want to live off the land, or run a croft as a business.

 

The latter requires either a large or collection of holdings and a lot of dedication, within a very unpredictable economic environment.

 

If you just want to live the "good life" style, its possible, but how happy you are depends on what level of luxury you are happy to trade off against hard, but satisfying and rewarding work.

[muckleflugga]

Crofting, that hobby carried out by poor men who plead poverty in their new Hi-lux pickups towing the new ifor williams trailer with the new quad in it!

[paulb]

i wish.

[Kavi Ugl]

Yeh, fair point(Spinner72) and it was in the back of my mind as I posted but I suppose if you think about it even if you have a small self holding you will still need to tend to those animals of yours in the pitch black and pouring rain, just like a full time crofter!. I'd prefer to pull the curtains closed in my cosy house and browse the internet rather than putting on a set of oilskins and stepping out into the pitch black, howling wind and horizontal rain!.

 

And if it's a poor summer your crops will struggle/fail just like the full time crofter who's trying to grow something.

 

Would I bank half my life/lifestyle on the Shetland land and weather?. No thanks......