Procedure – Rules of Court – Crofter – Removal – No service of application on crofter – Edictal citation – Reponing note – Numbers 23 and 63 of the Rules of Court. Croft – Status – Estate ferryhouse and small area of a holding – Holding let to a person during his continuance in any office, appointment or employment of the landlord – Holding entered in the Register of Crofts – Plea of personal bar – Landlord’s own actings – Section 33 of the Crofters Holdings (Scotland) Act 1886. Ltd v Crofters sharing in Bourbloch Common Grazings 1995 SLCR 110. MacDougall v MacNeil and Another 2001 SLCR 166. Dunbeath Estate Ltd v Henderson and Others 1988 SLCR 59. 13 and 38 – Extensification Payment (Scotland) Regulations 2002, Regs. Agricultural holdings – Rent – Determination by Court – Interpretation of Statutory Provision – Meaningless provision – Presumption of construction – Intention of Parliament – Agricultural Holdings (Scotland) Act 1991, section 13; Agricultural Holdings (Scotland) Act 2003, Schedule 1, para. Aberdeenshire, Scotland Public Records Office, Location & Info. Heraldry is regulated in Scotland both by the civil and criminal law, with prosecutions taken before the Court of the Lord Lyon. Croft – Common grazings – Liability for maintenance and repair of township fences – The responsibility of a Grazings Committee – Motion to enforce order of the Court – Payment of each crofter’s share for the erection of the fence. Agricultural Holding – Notice to Remedy – Notice to Quit – Joint Application by landlord and tenant – Landlord accepting rent after the expiry of period given in Notice to Remedy – Question whether landlord had barred himself from founding upon Notice to Remedy. Agricultural holding – Notice to remedy – Works of Repair – Notice to quit – Counter-notice – Notice requiring matters to be determined by arbitration – Section 22 of the Agricultural Holdings (Scotland) Act 1991. The Scottish Land Court also has jurisdiction to deal with some land cases. The Register of Sasines (reference RS) and Valuation Rolls (reference VR) may also help you to identify particular landowners although this approach may be time-consuming. Common grazings – Grazings shared by one crofter and two owner-occupiers of non-croft subjects – Reference by Crofters Commission – Whether grazings common grazings in terms of Crofters (Scotland) Act 1993. Morrison-Low v The Executors of the late T H Paterson 2005 SLCR 5. If applicable, further details may be provided. (not yet rated) Approved third parties … Wills and Testaments. Crofters (Scotland) Act 1961 Section 4(1) – Whether holding a croft in terms of Crofters (Scotland) Act 1955 Section 3(1) or a pertinent of a croft – Register of crofts – Crofters Holdings (Scotland) Act 1886 section 34 – Small Landholders (Scotland) Act 1911 Section 2(1)(ii) – Residence on or within two miles from the holding – Interpretation Act 1889 section 34 – Onus of proof on applicant to show subjects are pertinent – Circumstances under which Application dismissed. 1) 1997 SLCR 71. Search the land register to: find property prices; view boundaries on a map; check if land or property is on the land register; To find out more information, including current owners, you can buy title documents. Croft – Common Grazings – Application to fix fair rents – Sheep Stock Club – Principles to be applied in determining fair rents – Section 6 of the Crofters (Scotland) Act 1993. Livingstone v Nelson 1990 SLCR 64. Crofters Commission v Gunn and MacKenzie 1990 SLCR 36. Croft – Boundaries – Decision of Divisional Court – Appeal – Motion for rehearing – Hearing de novo. The Supreme Courts; About the Court of Session; Commercial Actions; Sheriff Appeal Court . Croft – Acquisition by a crofter – Trees situated on the croft – Appeal against Divisional Court decision – Whether crofter’s or landlords’ trees – Appeal refused. Crofter – Acquisition of croft house site – Possible challenge to applicant’s right to tenancy – Delay in claiming tenancy – Any such claim against the executor of the deceased tenant. The Court is based in Edinburgh, but holds hearings throughout Scotland. Nicolson v Hoseason-Brown and Another 1994 SLCR 74. Harvey v Mactaggart & Mickel Ltd (No. Croft – Purchase – Whether an apportionment lying 1200 metres from inbye croft land was “adjacent or contiguous” [to it] in terms of Section 12(3) of the Crofters (Scotland) Act 1993 – Apportionment main working part of the croft. Reports and Data; Recruitment; Help; Contact Us; Cookie Policy; Search. Croft – Fixing of fair rents – Effect on profitability of crofts of flooding, disease and excessive numbers of deer on the common grazings – Section 5(4) Crofters (Scotland) Act 1955. Agricultural Holding – Consent to Notice to Quit – Section 25(1) of Agricultural Holdings (Scotland) Act 1949 – Counter Notice not served timeously and not in proper form – Application dismissed. Ritson v McIntyre 1982 SLCR 13. Agricultural Holding – Certificate of Bad Husbandry – Rules of Good Husbandry – Sixth Schedule of Agriculture (Scotland) Act 1948 – Holding of two farms let to two brothers under one lease – One farm admittedly farmed well – Breaches of Rule 2 not sufficient to allow Court to grant certificate. Hilleary v MacDonald and Others 1988 SLCR 80. Agriculture – Agricultural Subsidies Appeal – IACS – Sheep Annual Premium – Foot and mouth cull – “Flock” – Available evidence – Direct oral evidence – Documentary evidence – Onus – Procedure under appeal regulations – Written submissions – Notes of argument – Interest – Commission Regulation 1458/2001, Article 2 – EC Treaty Article 234. Select Your Cookie Preferences. Phillips v MacPhail and Others 1993 SLCR 166. Messrs Ewan Campbell v the Scottish Ministers 2004 SLCR 1. Introduced in 1981, the land register is based on the Ordnance Survey map. Please re-enter recipient e-mail address(es). Agricultural Holding – Consent to Notice to Quit – Greater hardship – Sale of holding with vacant possession – Quantum of tenant’s claim for compensation at outgo. Agricultural Holding – Consent to operation of a Notice to Quit – Case I of the Ninth Schedule to the Agricultural Holdings (Scotland) Act 1949 – Tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land. Macdonald and Others – Applicants 1991 SLCR 151. See current future court lists and search the hearings archives. Hastings v Crofters Commission 1991 SLCR 31. http:\/\/www.worldcat.org\/oclc\/1765287> ; http:\/\/www.worldcat.org\/title\/-\/oclc\/1765287>. Aberdeenshire Scotland Public Record Office, is the only record office that is not actually located within it’s own county. Agricultural Holding – Certificate of Bad Husbandry – Rules of Good Husbandry – Sixth Schedule of Agriculture (Scotland) Act 1948 – Maintenance of permanent grass land – Proper stocking of holding – Efficient standard of livestock management – Freedom from disease – More intensive system favoured by Applicant. Ross v Ross 1998 SLCR 95. Jenners Princes Street Edinburgh Limited v Howe 1989 SLCR 1. Separate up to five addresses with commas (,). Agriculture – Agricultural Subsidies Appeal – Suckler Cow Premium Scheme – Requirement of a specified ratio of heifers – “Heifer” defined by Regulation – Definition contrary to common understanding – Alternative animals available to replace former heifers – Regulations permitting replacement – Due to misunderstanding no attempt to replace – Whether late intimation of possible replacements could be relied on – Council Regulation EC No. 2342/99, Arts. … From 1964, decisions of the Court have also been reported in the Scots Law Times, in a section dealing with Land Court … Section 2(1) Crofting Reform (Scotland) Act 1976 – Purchase by crofter – Conditions of sale – Whether conveyance to be by disposition or feu writ – Circumstances in which the Court found conveyance should be by disposition simpliciter. All rights reserved. Defunct and historical courts include the … Crofters Commission v The Scottish Ministers and Another 2001 SLCR 82. 1) 2008 SLCR 222. MacLaren v MacLaren 1984 SLCR 43. Agricultural Holding – Rent properly paid – Appeal against rental award of statutory arbiter – Open market comparables affected by distortion due to scarcity – Sitting tenant’s rent fixed by agreement – Rent of comparable fixed by arbitration – Economic conditions – Agricultural Holdings (Scotland) Act 1949, Section 7 as amended. Viscount Reidhaven v Macdonald-Grant 2002 SLCR 33. Highland Primary Care NHS Trust v Thomson 1999 SLCR 32. Croft – Acquisition by crofter – Objection by landlord – Substantial degree of hardship – Emotional hardship – Objection by landlord upheld by Divisional Court – Appeal by crofter sustained by Full Court. Fox v Crofters Commission 1991 SLCR 38. 61 The Rules of the Scottish Land Court Order 2014. MacLean v MacSween’s Trust 2001 SLCR 36. Croft – Application to Crofters Commission for decrofting direction – Proposed refusal by Crofters Commission – Appeal to Scottish Land Court – General interest of the crofting community – Existence of a crofting community – Expressed local demand – Appeal refused. Status – Cottar tenancy and tenancy-at-will compared – Exclusive jurisdiction of Lands Tribunal under section 21(1)(A) of the Land Registration (Scotland) Act 1979 confined to cases of purchase by the tenant – Occupation an essential feature of both forms of tenure – Tenancies-at-Will can only exist in limited areas where they have been shown from time immemorial to have existed. Barvas Estate Limited v Crofters sharing in South Bragar Common Grazings 1983 SLCR 47. Agricultural Holding – Rent determined by arbiter – Appeal against arbiter’s award – Grounds of Appeal not limited to any matter in statement of case before arbiter – Obligation on tenant in lease to install drainage scheme – Whether tenant’s improvement to be left out of account in determining the rent – Sections 5 and 13 of the Agricultural Holdings (Scotland Act 1991 – Requisition for a Stated Case by the landlords. Croft – Acquisition by crofter – Conditions to be imposed – Landlord’s reservation of minerals, right to work minerals – Access to work minerals – Reservation of right of access in landlord’s favour over croft. The Statistical Accounts of Scotland (1791-1799, 1845 and 1987) 'A Directory of Landownership in Scotland c 1770' edited by Loretta R. Timperley, (Scottish Record Society, 1976). Cameron v MacKinnon 1995 SLCR 67. v.10 1922. Sheriff courts in Scotland are second only in importance to the supreme civil and criminal courts. Crofting – Common grazings – Boundary determination – Crofters’ rights in grazings – Procedure by separate minute – Effect of de-crofting – Rights which have “flown off” – Actings of landlords – Personal bar – Whether personal bar available against singular successors – Effect of acquiescence or agreement – Crofters (Scotland) Act 1993. Status – Land subject to landholders tenure in 1917 – Whether land still subject to landholders tenure at coming into force of Crofters (Scotland) Act 1955 – Failure of the Board of Agriculture to act in terms of section 17 Small Landholders Act 1911 resulting in the land ceasing to be subject to crofting tenure. Croft – Purchase by tenant – Landlord a limited company which had been dissolved – Crown as bona vacantia – Execution of deed by Principal Clerk of Court – Expenses – Crofting Reform (Scotland) Act 1976. Agricultural holdings – Lease – Irritancy Clause – Non-payment of rent – Notour Bankruptcy – Non-enforcement on one occasion – Waiver – Agricultural Holdings (Scotland) Act 1908 Sec. Agricultural subsidies appeal – Appeal against refusal of sheep annual premium where stock moved to another location by grazier during retention period without intimation to applicants or SEERAD – Whether applicants “at fault” within meaning of Article 44(1) of European Commission Regulation 2419/2001 – Terms of wintering or agistment contracts in Scotland. Common grazings – Resumption for purpose of leasing ground for mineral extraction – Share in development value in terms of Section 9 of the Crofting Reform (Scotland) Act 1976 – Whether crofters entitled to share in value of minerals. Expenses – Successful respondent – Actions of the Respondent prior to litigation – Court exercising its discretion to depart from the normal rule that expenses follow success – Award of no expenses due to or by either party. Trustees for the Proprietors of Halistra Common Grazings v Lambert and Another 1996 SLCR 80. Macphee v South Uist Estates Limited 1985 SLCR 108. Highland Council v Matheson 2005 SLCR 23. Macleod of Macleod v Mackenzie 1991 SLCR 95. Landholder’s or Statutory Small Tenant’s holding – Status of tenant – Rent payable for dwellinghouse previously revised by Rent Registration Officer – Rent payable for land subject of arbitration under Agricultural Holdings (Scotland) Act 1949 – Failure of Applicant to lead evidence on status of holding from 1 April 1912 – Circumstances in which application by tenant to determine whether holding was a landholder’s or statutory small tenant’s holding dismissed. Learn more ››. Ross v Donaldson 1982 SLCR 53. 63 Observations by Members of the Scottish Land Court and Lands Tribunal for Scotland in Report by Norman R Y Agnew on Proposals for Future Staffing, 1981, para … The Land Court deals with cases involving agriculture and is mainly concerned in matters involving landlords and tenants. High Court Criminal Trials. Croft – Acquisition by crofter of croft – Objection by landlords – Substantial degree of hardship – Sound estate management – Landlords’ proposal to extract peat for commercial purpose in terms of statutory conditions of tenure – Second Schedule – Crofters (Scotland) Act 1955 – Macaskill v Basil Baird & Sons Ltd and Another 1986 SLCR 133. Budge v Budge and Others 1993 SLCR 136. 12354/1999 Arts. At its meeting on 28 February 2017 the Committee considered the following instrument— Judiciary and Courts (Scotland) Act 2017 (Scottish Land Court) Order 2017 [draft] 2. Sign up for MailOnline newsletters to get breaking news delivered to your inbox. Croft – Failure by crofter to pay rent – Non-cultivation of the croft – Failure to provide fixed equipment on the croft – Abandonment of the croft – Crofters (Scotland) Act 1993. Common Grazings – Resumption – Share in value of land in terms of section 9 of Crofting Reform (Scotland) Act 1976 – Open market value – Whether based on consideration originally offered for area to be resumed or on consideration finally accepted by landlords. Maclean v Ballina Investments Ltd and Others 1986 SLCR 168. Strathclyde Regional Council v Arneil 1987 SLCR 44. Agricultural Holding – Notice to Quit – Validity of Notice – Date of Termination – Description of lease – Sheriff Court (Scotland) Act 1907 – Agricultural Holdings (Scotland) Act 1949. Croft – Common Grazings – Apportionment – Acquisition by tenant of apportioned area – Whether forming croft land as defined in Section 12(3) of the Crofters (Scotland) Act 1993 – Objection to acquisition on ground of sound estate management – Section 13(2) of Crofters (Scotland) Act 1993. Dunn v The Crown 1989 SLCR 48. Croft – Acquisition of part of croft land – Crofting Reform (Scotland) Act 1976 – Objection by landlords – Financial hardship to landlords. Office hours and location. Baker v Macaire 2008 SLCR 218. May 2017 – The Scottish Civil Justice council issued its first report on the proposed New Civil Procedure Rules which is how the council intends to support the modernisation of civil court procedures. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855. Details of late … Kershaw v Mackenzie and Others 1987 SLCR 127. Croft – Common Grazing – Resumption for construction of a wind farm – Resumption authorised subject to applicants lodging detailed plan of the exact locations of turbine bases and accesses – Share in development value – Sections 20 and 21 of Crofters (Scotland) Act 1993. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.. Macdonald v Whitbread 1992 SLCR 59. Croft – Common Grazings – Resumption for building a marina and car park – Appeal against decision of Divisional Court – Whether a right of access existed as a pertinent over the foreshore – Whether a pertinent of a croft can be resumed – Effect of public rights in a foreshore on resumption – Expenses. Scottish Ministers v Pairc Trust Limited and Others 2007 SLCR 166. Croft – Appeal against decision of Crofters Commission to refuse to grant a decrofting direction – Reason for seeking this to be free from crofting legislation – Hearing de novo – A reasonable purpose – Interest of the crofting community in the district – Demand for croft – Sections 24 and 25 of the Crofters (Scotland) Act 1993. He served as Lord President and Lord Justice General from June 2012 until May 2015. Access to the registered sale price of property sold in Scotland. Application to Crofters Commission for decrofting direction – Proposed refusal by Crofters Commission – Appeal to Scottish Land Court – Previous application granted by Crofters Commission – Croft not acquired within 5 years – General interest of the crofting community – No local crofting community – Insufficient evidence of local demand – Appeal sustained. Agricultural courts and procedure -- Scotland -- Cases. The Scottish Land Court is a Court of law. Lawson v Lord Strathcona 1992 SLCR 67. Macrae v Macdonald 1986 SLCR 69. Originally taxation fell on land and property with the barons, the burghs and the church sharing the burden. Croft – Access – Jurisdiction – establishment of a right of access – Express grant – Necessity – Use over a number of years – Nature and route of access. OCLC Number: 1765287: Description: 51 volumes ; 24 cm: Other Titles: Scottish law review and reports of cases in the sheriff courts of Scotland. Don't have an account? Please enter recipient e-mail address(es). Appeal – Statutory Small Tenant – Small Landholders (Scotland) Act 1911 – Sufficiency of proof – Assignation by Statutory Small Tenants. Dunbeath Estate Ltd v Gunn 1988 SLCR 52. You may have already requested this item. Broadland Properties Estates Ltd v Grant 1997 SLCR 1. Agricultural holdings – Resumption – Resumption provision in lease silent on question of Notice – Whether rendered void by section 45 of Agricultural Holdings (Scotland) Act 1923 in situation where landlord gives sufficient notice to allow tenant to make all competent compensation claims – Meaning of “equivalent in land” in resumption provision. The Upper Tribunal for Scotland (Rules of Procedure) Regulations 2016 . Agricultural holdings – Whether a single written contract purporting to create a series of grazings lets over a period of years resulted in a full secure tenancy under the Agricultural Holdings (Scotland) Act 1991 or in a series of separate grazing leases each covered by section 2(2)(A) of that Act – Effect of introduction of Agricultural Holdings (Scotland) Act 2003 on such a contract – Meaning of “let” for purposes of section 3(2) of 2003 Act. Croft – Acquisition by crofter – Standing timber on croft – Timber to be reserved to the landlord to fell – Reservation of timber to landlord – Appeal – Reservation of right to access to landlord subject to certain conditions. Croft – Acquisition by crofter – Croft land bounded by public road – Verges between road and croft fence – Whether landlord had exclusive right to verges. Croft – Resumption for fish farm shore base – Area sought to be resumed restricted – Share in value of land due to the crofter Respondent – Open market value of site – Section 9 of the Crofting Reform (Scotland) Act 1976. The Court’s jurisdiction is set firmly within the context of Scottish farming. Agricultural holding – Rent determined by arbiter – Appeal against arbiter’s award – Comparable subjects referred to by parties – Inspection of comparables – Court’s powers of inspection – Section 7(19) of the Small Landholders (Scotland) Act 1911 and Section 73 of the Agricultural Holdings (Scotland) Act 1949. Gibsone v Milne 2006 SLCR (1) 87. It has authority to resolve a range of disputes, including disputes between landlords and tenants, in agriculture and crofting. House Prices. Croft – Assignation of tenancy – Purported assignation by tenant invalid without written consent by the landlord or the Crofters Commission – Court’s statutory jurisdiction – Section 8(1)(a) of the Crofters (Scotland) Act 1955. Agricultural Holding – Application by tenant for approval of carrying out of improvements in terms of Section 52 of the Agricultural Holdings (Scotland) Act 1949 – Improvement to be the erection of stock fencing to enclose a hill park – Circumstances in which the Court granted approval. Luss Estates Co v Sturgeon 2006 SLCR (1) 96. Brewster v Strathmore Estates (Holding) Ltd 2007 SLCR 133. Crofting Reform (Scotland) Act 1976 Section 2(1) – Application for authority to acquire area of land over which, by a previous decision of the Court the right of the Applicant was confined to an undefined right of grazing – Crofters (Scotland) Act 1955 Section 3(5) – Res Judicata – Circumstances under which application dismissed as incompetent. MacKinnon v Arran Estate Trust 1988 SLCR 32. Agricultural Holding – Consent to Notice to Quit – Greater hardship – Section 26(1)(d) of Agricultural Holdings (Scotland) Act 1949. Create lists, bibliographies and reviews: Your request to send this item has been completed. Croft – Application for a Decrofting Order by the Crofters Commission – Refusal by Crofters Commission – Appeal to Scottish Land Court – General interests of Crofting Community in the district – Demand for the tenancy of the croft – Crofters (Scotland) Act 1955 section 16A as amended. Get traffic statistics, SEO keyword opportunities, audience insights, and competitive analytics for Scottish-land-court. Edmondson v Smith 1986 SLCR 97. Crofts – Common Grazings – Status of holding comprising one croft with a share in a common grazing which had been enlarged by the addition of two crofts each with a share in the same common grazing – Reference by Crofters Commission. Agricultural holdings – Notice to Quit – Circumstances in which Court refused motion for discharge of debate – Procedure adopted on withdrawal of agent – Competency of challenging validity of Notice under section 22(2)(d) of Agricultural Holdings (Scotland) Act 1991 after service of Notice to Quit relying on said section. Croft – Boundaries between two crofts – Insufficient evidence to enable one boundary to be clearly determined – Section 53A Crofters (Scotland) Act 1993. Agricultural Holding – Agricultural subsidies appeal – Appeal to Scottish Land Court after Stage 1 and Stage 2 procedures – Motion for recovery of documents relating to a Stage 1 decision by Scottish Ministers in a similar case – Comments on procedures – Agricultural Subsidies (Appeals) (Scotland) Regulations 2000. Copyright © 2001-2021 OCLC. Croft – Right to acquire – Whether substantial hardship – Whether substantially detrimental to the interests of sound estate management – Section 13(2) of Crofters (Scotland) Act 1993. MacColl v Crofters Commission 1985 SLCR 142. 1) – Human Rights Act 1998, section 3. Agricultural Holding – Rent properly payable – Rent determined by arbiter – Appeal to Scottish Land Court – Evidence of comparables – Agreed rents – Freedom of Cropping – Tenant’s improvements – Remuneration for arbiter’s clerk. Agricultural holdings – Rent – Rent review – Contractual provisions for variation – Limited right to terminate – Termination by Notice to Quit – Contractual arbitration – Purpose of Notice – Demand for arbitration – Waiver – Personal bar – Fair and reasonable rent – Disregards – Tenants improvements – Agricultural Holdings (Scotland) Act 1991, Sections 7, 13, 21(2) and 61B. Printer-friendly version. Agricultural holdings – Consent to Notice to Quit – Proposed development for housing – No planning consent in place – Negotiations with developers – Triggering right to buy – Discrimination on grounds of wealth – Valuation – Prospective planning consent – Full planning permission – Outline planning permission – “Hope” value – Hardship – Normal incidents of security of tenure – Agricultural Holdings (Scotland) Act 1949 – Agriculture Act 1958 – Agricultural Holdings (Scotland) Act 1991 sections 22, 23, 24 – Agricultural Holdings (Scotland) Act 2003 sections 26 to 29 – Equality Act 2006 – Human Rights Act 1998 – Town and Country Planning (Scotland) Act 1997. The Crofters ( Scotland ) Act 1990 v Buccleuch Estates Ltd v Calder 1991 114! Included in written lease – but claimed by crofter – Status – Principles on which rent!, including disputes between landlords and tenants, in agriculture and crofting MacColl 2003. 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