Crofting Register is all set to go live

The new Crofting Register will commence on 30 November 2012. In time it will provide a definitive record of the extent of, and interests in, land within crofting tenure in Scotland. Not only will the register show crofts, it will also include common grazings and land held runrig.

The register derives from the reforms introduced by the Crofting Reform (Scotland) Act 2010. That Act brought about a clear demarcation between the regulation of crofting, which is the responsibility of the Crofting Commission, and the registration of crofts, which now falls to the Keeper of the Registers of Scotland.

Like the Land Register, the Crofting Register is map-based. It will show defined extents of crofts, common grazings and land held runrig against the backdrop of the Ordnance Survey map. In addition to showing the boundaries of such land against the OS map, the register will also contain information on the tenant or owner-occupier crofter on the land as well as the landlord and/or landowner of the registered land. The register is free to view online, and can be accessed direct on www.crofts.ros.gov.uk/register or via a link on either the Registers of Scotland (www.ros.gov.uk) or the Crofting Commission website (www.crofting.scotland.gov.uk).

Events and applications

Registration is voluntary for the first year after commencement. The Scottish Government is keen to encourage groups of crofters to work together to submit applications for croft registration, and has set aside £100,000 to fund a 20% reduction in registration fees where registration is applied for more than one croft from the same crofting township at the same time.

After the first year, a number of trigger events requiring first registration of croft land, or amendment to croft land already entered on the Crofting Register, will come into force. These trigger events are set out in ss 4 and 5 of the 2010 Act and mainly relate to actions requiring a regulatory application to the Crofting Commission for approval to change some aspect of the croft land (such as an application to assign or divide a croft).

Any regulatory application after the first year must be accompanied by an application to register or update the croft land in the Crofting Register. The application for registration will, in the first instance, be made to the Crofting Commission who, if satisfied that basic information required for registration has been met, will forward the application to RoS. The person responsible for submitting a registration application is set out in sched 2 to the 2010 Act.

There is often limited documentary evidence supporting the extent of and interests in a croft, common grazings or land held runrig. The 2010 Act therefore provides for a nine-month challenge period following the initial registration. Challenges are made, not to RoS, but to the Scottish Land Court and the register may be amended to reflect a successful challenge.

Guidance on the application forms, fees, and criteria for submitting plans will be available on the RoS website prior to commencement.

RD training videos

RoS has recently updated its Registers Direct training videos. These are available on our website and provide a step by step guide to using RD. The 14 online tutorials have been designed to provide useful information for RD users, helping them get the most out of the search system. To view these training videos please visit the following area of the RoS website: www.ros.gov.uk/registersdirect/training.html#

To find out how Registers Direct might benefit your firm, please email an account manager at account.managers@ros.gov.uk

ARTL update

As at 23 October 2012

• 64,303 applications have been made
• 700 solicitors’ firms are currently on the ARTL system
• 29 lenders are currently on the ARTL system
• 13 local authorities are using the system

ARTL can now process applications containing a transfer with a value of more than £1 million.

For up-to-date information and a full list of participating practices and companies, go to www.ros.gov.uk/artl

Registers of Scotland is encouraging voluntary applications for registration of titles in the Land Register