Sheep graze on the fairways and electric fences surround the greens at Brora Golf Club, where a centuries-old co-existence between golfers and crofters is now facing an unprecedented challenge. Brora Golf Club has applied to the Scottish Land Court for an order of 'resumption,' a legal process that could allow the club to seize crofting rights for grazing land, potentially marking the first time crofters have lost rights to an entire common grazing.
The 16 crofters who hold rights to graze cattle and sheep on the course are anxious to block the move, fearing it could set a dangerous precedent and impact their income. They are also reportedly dissatisfied with the club's offer of approximately £3,000 per share and its reluctance to disclose reasons for the legal action.
This dispute revives a historical attempt in 1915 by the 4th Duke of Sutherland, an avid golfer, to gain exclusive control of the links. At that time, the Land Court ruled that the land should be shared, a decision that has governed the relationship between the golf club and crofters for over a century. The current club president, Andy Stewart, had previously stated in 2021 that crofters' rights would not change following the club's purchase of the links from Sutherland Estates.
Some members of the golf club express surprise, noting that livestock have historically been considered an integral part of Brora's charm. Images of sheep and Highland cows on the course were previously used by the club and tourism bodies to promote its unique appeal. However, promotional materials have recently shifted to show a livestock-free environment.
Crofter John Smith emphasizes that crofting is a way of life and that the land has intrinsic value beyond monetary offers. He stated that he would not accept any amount of money for his grazing rights, which he hopes to pass on to his children. Smith acknowledges that livestock can cause issues on the greens but believes a balance can be found. He pointed out that crofters were on the land before the golf course was established.
Jan Dunn, clerk to the common grazings committee, highlighted the potential economic hardship for crofters if they lose access to the links. She explained that replacing the lost grazing land would be difficult and costly, and many crofters might find it financially unviable to continue their operations, potentially leading to the sale of livestock. Diana Royce of the Brora Community Council has voiced support for the crofters, urging the council to write to the Land Court in their favor. She questioned why the current arrangement cannot continue, noting the club's use of community benefit funds for its purchase.
Amidst the growing tension, some, like former club president Susan Smith, are calling for compromise. She suggested that the club could offer a substantial payment to crofters for the removal of livestock during the key summer months, which could allow the course to operate without electric fences or the daily task of cleaning effluent. However, with the Land Court's decisions being final and without appeal, the outcome remains uncertain. The club's general manager, David Gemmell, has declined to comment on the matter, stating it is a legal issue. The Scottish Land Court confirmed a live case is proceeding and is expected to hear it later this year, with a ruling to follow.
