Selling
Buying
Planning for agricultural buildings and dwellings
Agricultural tenancies
Rights of way
Sporting, shooting and fishing rights
If you are selling the whole of your farm and including Single Payment Scheme Entitlements, we can advise you on the form of contract and your obligations with the RPA. If you are selling part of your holding we will advise you on the possible reservation of rights of way, services and perhaps shooting rights over the land that is sold. You may decide to retain Single Payment Scheme Entitlements. You may decide to include your rights and payments under the Countryside Stewardship Scheme and the Entry Level Scheme.
We are here to advise you of the best way of protecting your property, yourself and the entitlements that you retain.
We will prepare your Contract for Sale, assist you with buyer’s enquiries and on completion deal with settlement of any finance with your Lender.
We will advise you on what searches we consider necessary which will almost certainly include Local Authority, Drainage and Water and Environmental Searches. The seller’s Contract will set out the terms on which he is prepared to proceed, but we may need to advise you on whether restrictions on sale such as clawback provisions apply and as to whether these are fair.
Your seller may include Single Payment Scheme Entitlements or obligations under the Countryside Stewardship Scheme which we can advise you on. We will also ensure that all the necessary rights that you require are obtained over retained land to benefit your property.
Once you sign a Contract, we will deal with your Mortgage Provider to access the necessary funds and following completion, ensure you obtain a registered title to that property.
Planning for agricultural buildings and dwellings
Farming may not be the only way forward for your business and you may wish to obtain planning permission for development of redundant agricultural buildings and dwellings. We can advise you on how to obtain those permissions.
You may also be considering eco friendly schemes such as wind farms. We have experience in dealing with wind farm suppliers and will guide you through the process of achieving a suitable deal.
Telecommunications are still making rapid advances and we can advise you on your agreements with telecommunication providers.
As a farming Landlord or Tenant, you can now only enter into a Farm Business Tenancy under the Agricultural Holdings Act 1995. These tenancies are for fixed terms and depending on the length of the Agreement will normally expire on the end date provided due notice under the Act has been given.
We can advise you on the Landlord’s and Tenant’s obligations under the Agreement and a Tenant’s right to compensation. There are, however, still older tenancies around created under the Agricultural Holdings Act 1986 which give greater security to the Tenant. We can advise Landlords and Tenants on their rights and obligations.
As a farmer, you want to ensure that you can gain access to your holding. We can advise you on your rights of way, any restrictions that may affect the same and ensure that rights are enjoyed for at least your lifetime. We can also establish rights of way by long user.
Sporting, shooting and fishing rights
Historically known as profits à prendre, you may have rights reserved over land owned by others to hunt, shoot or fish. We can protect those rights by applying to the Land Registry to register those interests. Once registered, they are binding against the landowners and successors in title.
For further information, please contact David Worrall at agriculture@pb4law.com or on 01785 603060.
