Application by Executor to Divide Croft Tenancy (Testate Succession only) Great Glen House, Leachkin Road, Inverness, IV3 8NW (01463) 663439 Fax: 725067 e-mail: info@crofting.scotland.gov.uk www.crofting.scotland.gov.uk To avoid delays, please ensure you answer all relevant questions and provide all documents requested to the address above. Failure to do so may mean we have to return your application. Please note that any information you provide is part of an open process and made available to other parties involved in the process. Your information would also be released under a Freedom of Information enquiry subject to any disclosure exemptions under the Data Protection Act 1998. IMPORTANT INFORMATION Land which is subject to a decrofting Direction remains part of the croft unless, and until, all conditions (if any) of that Direction have been fulfilled. If any condition has not been fulfilled, the land will be included in the division. The whole croft (including grazings rights and apportionments) must be included in the bequest (no part should remain untenanted). All legatees must accept their bequest before an Executor submits the application to divide the croft. 1
CROFT AND CONTACT DETAILS 1 Croft and Deceased Crofter Croft Name: Parish: Register Number: Agricultural Code Number: Name of Deceased Crofter: Date of Death: / / (please give day, month and year) 2 Executor Details Alternative I agree to communication regarding this application by e-mail Yes No 3 Agent/Guardian Details for Executor (if applicable) Name: Alternative I agree to communication regarding this application by e-mail Yes No 2
4 Landlord Details (details of other landlords should be entered on Appendix 1) Name of Organisation/Company/Estate: Alternative 5 Agent Details for Landlord (if applicable) (Agent details for other landlords should be entered on Appendix 1) Name: Alternative 3
6 APPLICATION DETAILS 6a Please provide the names and addresses of the legatees Legatee 1 Alternative Legatee 2 Alternative Legatee 3 Alternative 4
Legatee 4 Alternative 6b Are any of the legatees under 16 years old? Yes No If Yes, please provide their guardian s details: Name of Legatee under 16 years old Alternative 5
7 What is the extent of the croft: hectares IMPORTANT INFORMATION We strongly advise that you check the extent of the croft recorded in the Register of Crofts held by the Commission. If our records do not match the information you provide, the application will be returned to you unless the landlord confirms the details at Appendix 1. You should ensure the extents of divided areas add up the total extent of the original croft. You must include a map showing the boundaries of the croft and identify the areas to be divided. All maps must be clear and legible. Ideally you should send us original colour maps. Maps that have been photocopied several times lose their quality and accuracy. You will find examples of the standard of maps we require at Appendix 3. Maps that do not meet our required standard will result in your application being returned. Maps that meet this standard can be acquired from local authorities, architects, surveyors and distributors of Ordnance Survey maps can be found by searching the Internet. 8 How many new crofts (the original croft is counted as one croft) will be created as a result of the division? (Please tick the appropriate box below) 2 3 4 If more than four new crofts, please give the number: 9 Please let us know the extent of each new croft resulting from the division of the original croft. 1 ha 2 ha 3 ha 4 ha (Original croft) If the division will result in more than four new crofts, please give extent of each additional croft: 10 Have you agreed names and revised rents for the croft(s) Yes No with the landlord(s) or his/her appointed agent? If Yes, please complete details at Appendix 2. 11 Does the original croft have rights in a common grazings? Yes No (If No proceed to question 13) 6
12 Are the grazings rights to be divided? Yes No (i) If Yes, please provide details: IMPORTANT INFORMATION We strongly advise you to confirm the share/souming entitlement with the local Grazings Clerk or with the Commission before answering this question. If our records do not match the information you provide, the application may be returned to you. Any Crofter Forestry rights will be divided in proportion to the division of the share/souming. Name of Common Grazings Name of Common Grazings Name of Common Grazings Croft Croft 1 (original croft) Croft 2 Croft 3 Croft 4 Croft Croft 1 (original croft) Croft 2 Croft 3 Croft 4 Croft Croft 1 (original croft) Croft 2 Croft 3 Croft 4 Share/Souming Allocated to each new Croft Share/Souming Allocated to each new Croft Share/Souming Allocated to each new Croft EXISTING GRANTS DETAILS 13 Did the deceased receive assistance from the Yes No Croft House Grant Scheme (CHGS) or Crofters Etc Building Grants and Loans Scheme (CBGLS) for an existing building or a new development on the croft? If Yes, please provide the following: Client Reference Number: Debtor ID: 7
EXECUTOR/AGENT PLEASE SIGN THIS DECLARATION IMPORTANT INFORMATION If we approve this application, the division will be recorded by us as soon as you confirm the names for each new croft and details of any new or revised rents agreed with the landlord or his/her appointed agent. A Croft Name and Rent Notification Form is attached at Appendix 2. 14 DECLARATION I declare that: This application is submitted under section 9 of the Crofters (Scotland) Act 1993 for consent to divide the croft. To the best of my knowledge, the information I have given in this application is correct; I have enclosed a copy of each of the legatees notifications to the landlord that they have accepted the bequest. Signed Date Tenant/Agent What Happens Next? When we receive this application, we will send the applicant or their agent an acknowledgement letter within 5 working days. At the end of the 28 day consultation period, we must decide whether or not to grant the application or require further investigation. If we decide not to investigate further we will notify all interested parties that we have consented to the application and the division will be implemented. If we require further investigation we will notify all interested parties giving the reasons. In these circumstances, it may take a further 12 to 16 weeks before a decision is made. Our decision can be appealed to the Scottish Land Court within 42 days from the date we notify interested parties of our decision. 8
APPENDIX 1 Additional Landlord Details Name of Organisation/Company/Estate (only if applicable): Alternative Additional Agent Details for Landlord (only if applicable) Name: Additional Landlord Details Name of Organisation/Company/Estate (only if applicable): Alternative Additional Agent Details for Landlord (only if applicable) Name: 9
APPENDIX 2 Division of a Croft Notification Form Agreement with Landlord Croft Name (original croft): Is the name of the original croft to be changed? Yes No If Yes, give revised name here: Revised Revised Annual Rent: Extent (ha): (original croft) Tenant Croft 1: (Legatee Name) Name for new Croft 2: Annual Rent: Extent (ha): Tenant Croft 2: (Legatee Name) Name for new Croft 3: Annual Rent: Extent (ha): Tenant Croft 3: (Legatee Name) Name for new Croft 4: Annual Rent: Extent (ha): Tenant Croft 4: (Legatee Name) I confirm the foregoing details have been agreed with the croft landlord(s). Signed Executor/Agent Date I confirm the foregoing details have been agreed with the croft tenant. Signed Landlord/Agent Signed Landlord/Agent Date Date Please Note: Where the croft has more than one landlord, each landlord must sign this form. 10
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