3 key considerations for utility developers operating within crofting communities

Here we outline three major considerations for developers; and, while crofting presents its own distinct set of circumstances, the broad principles apply to other forms of rural tenancy too.

Ownership and Occupancy: Navigating a Complex Framework

Crofting tenure is governed by a unique legal framework, and determining ownership and occupancy can be challenging. Crofts are frequently part of large, historic estates, and not all are registered with the Land Register. The Crofting Register, although a valuable resource, is only updated under specific legal circumstances such as assignation or sale.

In addition, crofts may comprise multiple, non-contiguous parcels of land, which complicates boundary identification and mapping. Accurate land referencing requires consultation of several sources, including ScotLIS, the General Register of Sasines, the Crofting Register, and records held by the Crofting Commission.

Engaging with crofters at an early stage is strongly recommended. This not only assists in validating desk-based research but also fosters trust and transparency, which are vital for the successful delivery of infrastructure projects.

Land Loss and Operational Disruption

Crofts are typically apportioned into long, narrow strips of land. Utility developments, which are often linear in nature, can therefore have a disproportionate impact on the usability of crofting land. A wayleave or servitude corridor may significantly reduce the farmable area or obstruct access to remaining land.

During the construction phase, additional land may be required for vehicle access, working widths, and temporary compounds. Identifying suitable alternative land for crofters to continue their operations can be particularly challenging in crofting counties, where land availability is limited.

It is imperative that project design is flexible and informed by meaningful consultation with affected parties. Developers should allow sufficient time to engage with crofters and neighbouring estates, and to explore options such as off-site grazing or seasonal land use arrangements.

Compensation and Environmental Restoration

While landowners receive payments for wayleaves or servitudes, crofters are entitled to compensation for crop loss and business disturbance. Crofting enterprises are increasingly diverse, encompassing rare-breed livestock, polytunnel-grown produce, beekeeping, and tourism ventures such as glamping and educational facilities. This diversity can make compensation assessments complex and highly individualised.

Environmental considerations must also be taken into account. Many crofts are situated on peatland or wet ground, and disturbance during infrastructure works can result in long-term ecological damage. Restoration may take several years and, if not properly managed, could render the land unusable for the crofter.

It is therefore essential to engage with agricultural liaison officers who possess a thorough understanding of crofting and farming, and with environmental specialists who can advise on appropriate restoration measures. This ensures that compensation is fair and that environmental impacts are responsibly managed.

Extending the Principles: Other Rural Tenancies

Although crofting presents unique challenges for linear infrastructure projects, the principles outlined above are equally applicable to other forms of rural tenancy across Scotland. Agricultural holdings, seasonal grazing agreements, and community-owned land all require careful and considerate management. Early engagement, transparent communication, and a holistic approach to land use are key to ensuring that infrastructure projects are delivered efficiently and with minimal disruption.

Crofting is not merely a form of land use; it is a way of life that is integral to the cultural and environmental fabric of rural Scotland. For developers, a respectful and informed approach to crofting and other tenancies is essential. With the right expertise, early engagement, and thoughtful project design, infrastructure can be delivered in a manner that supports both national development objectives and the communities who steward the land.

Further information

Contact Mhairi Robertson or Eleanor Baronchelli