A common enquiry from tenant farming clients relates to what can be done about damage caused by deer on their farm. This is typically in relation to damage to growing crops on inbye land but can also be as a result of intensive grazing pressure by large numbers of deer on hill ground. There are thought to be over a million deer of all species in Scotland and the pressure that this huge population causes to farming cannot be underestimated.
An agricultural tenant has the right to kill deer causing damage to crops (including temporary grass) on enclosed ground. This right can be delegated to a suitably authorised person, but the person shooting the deer must do so in accordance with the relevant regulations. Special permission can be obtained from NatureScot if it is necessary to shoot deer at night or to shoot female deer over a year old between 1 April to 31 August, although this will only be authorised in exceptional circumstances. The deer carcasses belong to the tenant and can be disposed of by them as they see fit, including by selling them to the local game dealer.
However, these rights don’t extend to shooting deer on the hill where the tenant has no right to control deer numbers, meaning that the tenant is reliant on the landlord controlling the population. Where the landlord isn’t exercising adequate control for whatever reason there is very little that the tenant can do about it other than to bring the problem to the attention of NatureScot. They have the authority to impose a compulsory deer management control scheme on the landlord. NatureScot have been very reluctant to use these powers in the past, although, earlier this year a compulsory scheme was imposed on an estate in the North of Scotland. If the landlord fails to comply with the scheme, NatureScot can carry out the necessary cull themselves and recover the costs from the landlord. Intervention in this way is very uncommon and, in any event, provides no immediate relief to the tenant.
There are proposals in the Land Reform Bill presently before the Scottish Parliament to provide better rights of compensation for tenants who suffer damage from game, including damage by deer. However, those provisions don’t apply to tenants who have a right to kill deer. Given that tenants have an existing right to kill deer damaging crops on enclosed ground it is not at all clear that the new compensation provisions in the Land Reform Bill will be of much benefit to them so far as deer are concerned. It might be possible for the tenant under the new provisions to claim compensation for damage from deer on hill ground, for example, because deer are bringing in disease or damaging habitats by overgrazing the hill, but for now that’s not particularly clear.
If you have any questions about deer management, please get in touch with a member of our rural and estates team.