Crofters sharing in Oldshoremore Common Grazings v Trustees of Miss S N Barr
Crofters sharing in Oldshoremore Common Grazings v Trustees of Miss S N Barr
- 1993
- SLC 1993 R 56-84(29) .
SLC Application Sutherland RN 485. Opinion of the Court of Session dated 21 May 1993 and Order of the Land Court dated 22 November 1993. The landlords of a common grazing applied to the Court for authority to resume part of the common grazings for the purpose of leasing the area in question to the local authority for the extraction of gravel. At the hearing before the Full Court of the Land Court (reported at 1991 SLCR 121 ) the agent for the crofters submitted that the application fell to be considered in terms of section 9(2) of the Crofting Reform (Scotland) Act 1976 in that the primary purpose was that of leasing the land which was to be carried out by the landlord applicants themselves and not for the purpose of gravel extraction which is to be carried out by the local authority. The Court rejected that argument and held that the purpose for which resumption had been authorised was for leasing for gravel extraction and accordingly the share in the development value fell to be de
COMMON GRAZINGS
CROFTING
DEVELOPMENT VALUE
GRAVEL EXTRACTION
RESUMPTION
SCOTLAND
SCOTTISH LAND COURT
SLC
SLC Application Sutherland RN 485. Opinion of the Court of Session dated 21 May 1993 and Order of the Land Court dated 22 November 1993. The landlords of a common grazing applied to the Court for authority to resume part of the common grazings for the purpose of leasing the area in question to the local authority for the extraction of gravel. At the hearing before the Full Court of the Land Court (reported at 1991 SLCR 121 ) the agent for the crofters submitted that the application fell to be considered in terms of section 9(2) of the Crofting Reform (Scotland) Act 1976 in that the primary purpose was that of leasing the land which was to be carried out by the landlord applicants themselves and not for the purpose of gravel extraction which is to be carried out by the local authority. The Court rejected that argument and held that the purpose for which resumption had been authorised was for leasing for gravel extraction and accordingly the share in the development value fell to be de
COMMON GRAZINGS
CROFTING
DEVELOPMENT VALUE
GRAVEL EXTRACTION
RESUMPTION
SCOTLAND
SCOTTISH LAND COURT
SLC