When buying or selling a farm or agricultural land, it is important that you benefit from specialist legal assistance. Our agricultural and rural lawyers are well versed in the industry and all its nuances, having long built-up experience in farm sales and purchases.
There is a wealth of sector experience and insight waiting for you to tap into, meaning you can rest assured of a smooth and efficient transaction, with your best interests fully protected.
You can rely on our experts to guide you through the complexities that come with selling a farm, or part of it. There are different ways to sell, and you’ll receive tailored advice on the method that proves most tax efficient and beneficial in your particular circumstances.
If you are selling the whole of your farm and including Basic Payment Scheme Entitlements, we can advise you on the form of contract and your obligations with the Rural Payments Agency (RPA), Natural England and any other third parties that may have an interest over the land.
If you are selling part of your holding, we will advise you on the possible reservation of rights of way, services and, if required, mineral and sporting rights over the land that is sold. Regard will also be given to any potential claw back provisions to ensure your share in any increase in value should the land be developed.
You may opt to retain Basic Payment Scheme Entitlements or to include your rights and payments under any Countryside Stewardship Scheme and Entry Level Scheme. Whatever path you wish to follow, our experts will provide tailored advice on the best way of protecting you, your property and the entitlements that you currently enjoy.
Purchasing farms tends to have its challenges. The good news is that the experts at Pickering & Butters are on hand to guide you through the entire process, making sure the transaction completes seamlessly, promptly and covering all bases.
We will be your eyes and ears, meticulously analysing everything to ensure there are no nasty surprises that could hinder your business down the line.
We will carefully check the legal title for anything untoward, and when it comes to your contract, we’ll ensure that you benefit from any subsidies and payments, including Basic Payment Scheme entitlements, Agri-Environment Schemes and Woodland Grant Schemes. We will also ensure any necessary licences and consents (such as Water Discharge and Abstraction Licences) are transferred to you.
Undertaking the right searches is vital and we will advise you on which are necessary in your particular circumstances.
We will ensure that all necessary rights that you require are secured over retained land to benefit your property, and that there are no onerous covenants or provisions that could interfere with your business following completion.
We will also carefully analyse the seller’s contract and consider any restrictions on the sale, such as clawback provisions. You will be fully advised on whether such provisions are fair and if not, you’ll have our full support should it be necessary to enter into contract negotiations.
We will deal with your mortgage provider, ensuring that any conditions imposed on your lending are satisfied. We are on first name terms with all local Agricultural Relationship Managers and can therefore liaise with them to ensure your bank is ready and able to release funds when necessary.
Following completion, we will deal with any Stamp Duty Land Tax issues as well as registering you as the owner of the land and property at the Land Registry.
As you may have ascertained, the service we provide is fully comprehensive and designed to make sure you are completely taken care of in all respects so that your interests are preserved long into the future.
For tailored advice on a farm sale or purchase, please get in touch.