BigMouth Posted September 9, 2016 Report Share Posted September 9, 2016 Can someone tell me the approximate cost of decrofting land in Shetland please? Is it necessary to engage a lawyer in this? If you rent out croft land attached to a house, but lived in the house, would the house and land still be considered a croft? Thanks a lot Quote Link to comment Share on other sites More sharing options...
Ghostrider Posted September 10, 2016 Report Share Posted September 10, 2016 (edited) Depends on just about whatever corncerning cost. Some circumstances it needn't cost much, others......, it depends on what the specifics of the individual case are. If the house was built on registered croft land, regardless of whether the remainder of the croft is rented out/sold to someone other than whoever has ownership/occupancy of the house, both the land and the house site remain as part of one single registered croft. The only ways either the house site, the land or both can change its single entity registered croft status with the other is if one or the other is decrofted, or if the single registered croft of which they both are part is sub-divided in to two individual crofts in their own right. The only circumstances in which it would be difficult to do without a lawyer would be if the ownership of the land and the house was with different people, as each individual owner would need to have a new Title drawn up and registered if that hadn't already been done. In circumstances where ownership of the land and house remains with one person ie. One person owns both land and house and rents the land to another party, but either stays in the house themselves or rents it out on a normal commercial letting basis to a different other party than the land is rented to, it would just be a case of decrofting the house site, which should be within the ability of most folk to do themselves. The Crofting Commission are the people who oversee and (attempt to) enforce Crofting legislation, so they would be the ones to contact to get definitive answers from. I dunno whether their website is worth much or not, as I've never dug through it properly to fine out, but it would be a resonable starting point. http://www.crofting.scotland.gov.uk/ Edited September 10, 2016 by Ghostrider BigMouth 1 Quote Link to comment Share on other sites More sharing options...
MrBump Posted September 11, 2016 Report Share Posted September 11, 2016 I'm interested to know this as well. We were/are looking at getting a croft until we found we can't unless the house site gets decrofted and we can get a mortgage on the house (subject to finding work) and then buy the land with cash separately. Found one we liked but according to the estate agent, the current folk weren't willing to decroft it, so no luck there. The cost would be interesting to know to see if that would sweeten up any deal etc BigMouth 1 Quote Link to comment Share on other sites More sharing options...
MuckleJoannie Posted September 11, 2016 Report Share Posted September 11, 2016 If you need a solicitor the help with crofting law Inksters hold themselves out to be the experts. http://www.inksters.com/croftinglaw.aspx BigMouth 1 Quote Link to comment Share on other sites More sharing options...
BigMouth Posted September 12, 2016 Author Report Share Posted September 12, 2016 I am asking the question as I had asked the estate agent regarding a croft selling on Yell at the moment for a ball park figure on decrofting costs. They asked their solicitors, in the same office, who wouldn't tell, and suggested I asked my own solicitor. I was surprised by the lack of service as I was only asking for a ball park figure, not anyone to stake their pension on it. I am used to lower standards of service in much of the retail sector here, but I didn't realise that it also extended to estate agency too. If you are currently selling your croft on Yell, your estate agents are not doing you any favours! Quote Link to comment Share on other sites More sharing options...
Hayfield Croft Posted September 12, 2016 Report Share Posted September 12, 2016 In my experience, a rough ball park figure would be in the region of £1600-2000. BigMouth and MrBump 2 Quote Link to comment Share on other sites More sharing options...
BigMouth Posted September 12, 2016 Author Report Share Posted September 12, 2016 That is really useful. Thank you very much. Quote Link to comment Share on other sites More sharing options...
MrBump Posted September 12, 2016 Report Share Posted September 12, 2016 I am asking the question as I had asked the estate agent regarding a croft selling on Yell at the moment for a ball park figure on decrofting costs. They asked their solicitors, in the same office, who wouldn't tell, and suggested I asked my own solicitor. I was surprised by the lack of service as I was only asking for a ball park figure, not anyone to stake their pension on it. I am used to lower standards of service in much of the retail sector here, but I didn't realise that it also extended to estate agency too. If you are currently selling your croft on Yell, your estate agents are not doing you any favours! We've probably been looking at the same croft then as that was pretty much what I got, but said the sellers didn't want to do it. When I asked how much they pretty much said they wouldn't regardless. In my experience, a rough ball park figure would be in the region of £1600-2000. Thank you! Quote Link to comment Share on other sites More sharing options...
brian.smith Posted September 12, 2016 Report Share Posted September 12, 2016 Hi I am not sure where the cost comes from can you not just do it yourself Quote Link to comment Share on other sites More sharing options...
Hayfield Croft Posted September 12, 2016 Report Share Posted September 12, 2016 The costs can occur from getting title deeds, access rights etc etc clarified brian.smith 1 Quote Link to comment Share on other sites More sharing options...
brian.smith Posted September 12, 2016 Report Share Posted September 12, 2016 Simply de crofting the house should not be over complicated title complications should be over come by the registration scheme Hayfield Croft 1 Quote Link to comment Share on other sites More sharing options...
Ghostrider Posted September 12, 2016 Report Share Posted September 12, 2016 I'm interested to know this as well. We were/are looking at getting a croft until we found we can't unless the house site gets decrofted and we can get a mortgage on the house (subject to finding work) and then buy the land with cash separately. Found one we liked but according to the estate agent, the current folk weren't willing to decroft it, so no luck there. The cost would be interesting to know to see if that would sweeten up any deal etc If you can find any way to finance the deal to buy the house and land together you're very likely to end off much better off in the end. Once the house and land are split from each other, both tend to command a higher market price. Simply by default of being attached to each other, and as such the house can't be considered for a mortgage and neither the land nor house is acceptable as collateral for a loan, the selling price tends to be whatever the house is worth, or whatever the land is worth, whichever is highest, and NOT the value of both land and house combined. Once split the house and land tend to command their full market value in their own right's individually. MrBump and Hayfield Croft 2 Quote Link to comment Share on other sites More sharing options...
Rasmie Posted September 13, 2016 Report Share Posted September 13, 2016 http://www.crofting.scotland.gov.uk/decrofting MrBump 1 Quote Link to comment Share on other sites More sharing options...
BigMouth Posted September 14, 2016 Author Report Share Posted September 14, 2016 Thanks Rasmie Quote Link to comment Share on other sites More sharing options...
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