Rights to Buy

Nowadays landowners intending to sell property may be approached by communities or agricultural tenants wanting to exercise a right to buy.

The land reform programme pursued by the Westminster and Holyrood parliaments means that some landowners can no longer transfer property to whoever they wish.

We can give you clear and simple advice on how the legislation affects you, and the best course of action to achieve your aims.

Both parliaments wanted to create a more diverse pattern of land ownership, which they saw as being concentrated in too few hands. They hoped to empower communities and encourage locally-driven, sustainable development.

There are now three main sets of rights:

Community Right to Buy which gives local people the right to have first refusal to buy land, including buildings, should the owner ever decides to sell.

Crofters in the ‘crofting counties’ have a right to buy which can be exercised whether or not the landowner decides to sell.

The third right applies to people with secure 1991 act agricultural tenancies.

While the second and third of these rights to buy have rarely been used there is every reason to expect them to be the basis for future disputes and litigation.

Fortunately for you we are well-positioned to represent your interests, whether you are a landowner, community, crofter or agricultural tenant.

For more information please contact Alasdair Fox, John Mitchell or Jim Drysdale.