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Lochalsh Estates limited v Crofters sharing in Avernish Common Grazings

Language: English Series: SLC ; 1993 R 85-93(9)Publication details: 1993Subject(s): Summary: SLC Application Skye RN 481 Order of 1 June 1993. The landlord Applicants applied to the Court for authority to resume the whole of Avernish Common Grazings for the ourpose of afforestation. As three of the five shareholders in the common grazing had intimated objections to the application a hearing before the Court was arranged. However at the commencement of the hearing the agent for one of the shareholders intimated that she was now withdrawing her objections and accordingly a majority of the shareholders now consented to the application. Counsel for the landlords asked the Court to hear the application but then to sist the application pending the landlords applying to the Crofters Commission for their approval in terms of section 12(3) of the Crofters (Scotland) Act 1955. The Court refused the motion for the landlords and continued the appliation sine die to allow the landlords to apply to the Crofters Commission for their approval.
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Law report London Journal article E2048 (Browse shelf(Opens below)) 1 Available 37248-1001

SLC Application Skye RN 481 Order of 1 June 1993. The landlord Applicants applied to the Court for authority to resume the whole of Avernish Common Grazings for the ourpose of afforestation. As three of the five shareholders in the common grazing had intimated objections to the application a hearing before the Court was arranged. However at the commencement of the hearing the agent for one of the shareholders intimated that she was now withdrawing her objections and accordingly a majority of the shareholders now consented to the application. Counsel for the landlords asked the Court to hear the application but then to sist the application pending the landlords applying to the Crofters Commission for their approval in terms of section 12(3) of the Crofters (Scotland) Act 1955. The Court refused the motion for the landlords and continued the appliation sine die to allow the landlords to apply to the Crofters Commission for their approval.