Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house
4
1
The Land Court, on an application made to them under section 1(2) of this Act, may make an order requiring the landlord to convey the site of the dwelling-house to the crofter or cottar or his nominee with such boundaries and subject to such terms and conditions as, failing agreement, may be specified in the order.
2
Where the parties have failed to reach agreement about the consideration payable in respect of the conveyance the consideration shall be—
a
the amount as determined by the Land Court which the site, if sold in the open market by a willing seller, might be expected to realise assuming that—
i
there were or would be no buildings on the site;
ii
the site were available with vacant possession ;
iii
the site were not land to which the Crofters (Scotland) Acts 1955 and 1961 apply; and
iv
no development of the site were or would be permitted in pursuance of the Town and Country Planning (Scotland) Act 1972 ;
and in addition, in a case where the landlord has provided fixed equipment on the site—
b
an amount equal to one half of the proportion attributable to that fixed equipment, as determined by the Land Court, of the value of the site, such value being the amount as so determined which the site, if sold as aforesaid, might be expected to realise making the assumptions referred to in sub-paragraphs (ii), (iii) and (iv) of paragraph (a) above.
3
The Land Court in making an order under subsection (1) above may determine that any of the expenses of the conveyance of the site and other expenses necessarily incurred by the landlord in relation thereto shall be borne by the crofter or cottar :
Provided that where the order relates to the conveyance of the site of the dwelling-house on or pertaining to a croft, any such determination shall be subject to the condition that the conveyance is not included in a deed which also provides for the conveyance of croft land.
4
Failing agreement between the parties as to the amount of such expenses, the auditor of the Land Court may, on the application of either party, determine such amount; and may determine that the expenses of taxing such expenses shall be borne by the parties in such proportion as he thinks fit.