Agricultural property involves both freehold and tenanted land. We advise on all aspects of agricultural property and also liaise closely with local and national land agents experienced in agricultural matters to give you detailed advice tailored to your specific needs.
The purchase or tenanting of agricultural property invariably involves important issues over and above the simple land registration issues, wayleave agreements, easements for pipes and cables, water supply, drainage and rights of way. Issues such as milk quota, entitlements under the Single Payment Scheme, environmental schemes and the like all need to be considered. If you rent agricultural land, you may have an agricultural tenancy, even if there is nothing in writing. Your tenancy could be a 1986 Act tenancy or a Farm Business Tenancy (where at least part of the tenanted land must be farmed throughout the life of the tenancy),
depending on whether your tenancy was agreed before or after 1 September 1995. Tenancies include important provisions in relation to rent and rent review, repairs and in the case of 1986 Act tenancies the possibility of statutory succession. Expert legal advice is needed on how to interpret these provisions.
It is also important to take advice before entering into new tenancies to ensure that the appropriate provisions are incorporated.
When your tenancy ends, you may be entitled to compensation. There may also be tax implications. We can advise on the granting of new tenancies, the surrendering of tenancies and any replacement tenancies. We will work closely with your accountant and land agent at your request to ensure that the best solution is obtained for you.
"Hay & Kilner attracts clients who appreciate its attentive service. Clients are drawn by the quality of advice and strength of the lawyers, who 'always treat clients as individuals, and with respect.'... Jonathan Waters is 'efficient, diligent and commercially minded," and receives praise for his "ability to prioritise his clients' needs effectively'."
- Chambers Guide