wpa406e4a5.png

South Uist land row           16/12/12

►“Land grab” crofting landlord ordered to pay legal costs  

Central to the South Uist “land grab” row is an 140-year-old abandoned and dangerous derelict building within the contested plot.

Murdo Mackenzie of Snishival does not claim ownership of the ruins which was originally an old mill and later became a parish poorhouse. It was last used as a work depot for Inverness-shire County Council.

In October, Stòras Uibhist, owners of South Uist, lost its lengthy Scottish Land Court case against the elderly crofter.

For years, the community-owned body, which has only about 40% of eligible residents as members, tried to seize the small crofting apportionment.

In July 2008, with the acquiescence of the former private owners of South Uist, the Crofters’ Commission granted the parcel of land on Snishival Common Grazings to Mr Mackenzie.

Soon afterwards Stòras Uibhist bought South Uist with vast amounts of public money but failed to make a timely effort to appeal the apportionment decision. However after the deadline passed it decided to try and grab the land back.

It is outsized by a neighbouring 14 acre apportionment neighbours taken out by Stòras  chief Angus Macmillan though the Land Court has queried if Mr Macmillan’s is actually entitled to it.

The Land Court has confirmed that Mr Mackenzie is legally entitled to tiny parcel of land surrounding the crumbling mill where he grows fruit and vegetables in polytunnels.

Angus Macmillan tired to block planning permission to site two polytunnels on the ground.

Murdo Mackenzie fell very ill over the stress of the action and the case was postponed until his health improved slightly.

The row went to a three-day Land Court hearing held in the Polochar Inn, South Uist, in August where Mr Mackenzie won his case.

Each side are to pay their own lawyer’s bill for an earlier legal debate on the jurisdiction of the Land Court where Stòras hired QC Sir Crispen Agnew.

Stòras Uibhist is the largest community landowner in Scotland. It runs the 93,000 acre estate covering the islands of South Uist, Eriskay and the southern half of Benbecula. The £4.5 million buyout took place in December 2006.

But the community estate has also been accused of acting worse than the previous private owners.

Two leading directors controversially quit in protest claiming chairman Angus Macmillan and former vice-chair Father Michael Macdonald  treated the community company as their own personal business with “with policies and actions that run counter to the ethos of community ownership.”

It also took in lawyers during a bitter fight with Askernish crofters to build a golf course on their grazing ground on the village machair.