Sorbie v Kennedy

Croft – Resumption of croft or part of croft by landlord – Competency of application to Land Court. Court of Session: In a special case stated by the Scottish Land Court, which had granted an application for authority for resumption of land forming part of a common grazing, rejecting the respondent's contention that the application was incompetent, the court held that that an owner of land over which there was a right of common grazing in favour of crofting tenants was a 'landlord' for the purposes of s 20 of the Crofters (Scotland) Act 1993, the meaning of 'landlord' where it appeared in s 20 was provided by the definition in s 61 of the Act, and having regard to that definition the Land Court did not err in holding that the reference to 'landlord' in s 20 applied to all owners of common grazing land and, in particular, the applicant.

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