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Since its inception in 1886 crofting law has gradually evolved into a peculiarly complex system of law, and there has been a tendancy to leave its practice to a few practitioners who chose to specialise in it. This tendancy has been encouraged by the fact that the litigation and other legal business attached to crofting usually involved modest values.
However, the Crofting Reform (Scotland) Act 1976 recognised for the first time the quasi dual-ownership character of the crofter/landlord relationship, enabling the crofter both the chance to share in the value of land resumed for development and to seek an owner's title to his croft at a controlled price. At the same time, the efforts of governmental and other agencies to improve the economy of the crofting areas are producing results.
Crofters are now better able to realise the potential of their crofts and to benefit from the opportunities for development now offered, such as afforestation, fish farming and tourism.
This book represents the first comprehensive textbook on the current law, and will prove to be an invaluable reference tool for the practitioner coming to tearms with this complicated subject.
Donald J. MacCuish is a former Secretary and Solicitor to the Crofters Commission, and was born into a crofting family on the Isle of Harris.
Derek Flyn is a solicitor in private practice in Inverness with a special interest in crofting law.