A Guide To Resumption In The Context Of Renewable Energy Developments

A landlord may apply to the Scottish Land Court for approval to resume a croft or part of a croft, or common grazings. In this guide, we look more closely at resumption and the legal test that needs to be met when making an application to the Scottish Land Court to resume all or part of a croft or common grazings.

Effect of resumption 

Resumption may not be the most common method of dealing with crofting tenure to allow a renewable energy project to proceed, but it can be utilised, perhaps for smaller renewable projects where only a small area of a croft is affected by the project.

An application for resumption is made to the Scottish Land Court under Section 20 of the Crofters (Scotland) Act 1993 (the "1993 Act"). If successful, the effect of resumption is to remove the resumed area from the control of the crofting legislation. The land is fully resorted to the landlord's control, who can then develop it themselves or enter into agreements with third