Land Reform (Scotland) Act 2003

Land Reform (Scotland) Act 2003

2003 asp 2

The Act – an Overview

Part 3 the Crofting Community Right to Buy

Section 68:  Land which may be bought: eligible croft land

247. This section defines the land which may be bought under Part 3 (“eligible croft land”).

248. Subsection (2) defines the land and interests in land which are to be classed as eligible croft land. It does so in a way that includes all land which is subject to crofting tenure and regulation. The definition recognises that salmon fishings and mineral rights are part of the land unless their ownership has been separated from the land. It encompasses salmon fishings in inland waters within or contiguous to eligible croft land, as defined in subsection (2)(a) to (c), if these fishings are owned separately from the land. The definition also includes mineral rights on or under eligible croft land, as defined in subsection (2)(a) to (c), where such mineral rights are owned separately from the land.

249. Subsection (3) provides that land will not be eligible croft land if it is a croft occupied or worked by the owner of the croft or a member of that owner’s family.