Agricultural Property Law

Agricultural Property Law Solicitors

Purchasing an agricultural property is not a simple process. In fact, it can be quite complicated, especially in comparison to a residential property purchase. Whether you are purchasing, selling, or renting, agricultural property matters require specialist assistance from a professional.

Our team of solicitors at WSP have years of combined expertise assisting those with agricultural businesses to purchase, sell or lease land and property in Gloucestershire and further afield. No matter your requirements, our solicitors have the expertise to provide a helping hand.

Whether you are an agricultural landlord or tenant, we can assist you. We have worked with both types of clients over the years and are knowledgeable from both sides.

Swift, effective advice for agricultural property law

Our commercial property solicitors are specialists in matters such as:

  • Farmland sales and purchases
  • Rural leases and tenancy agreements
  • Buying and selling agricultural land at auction

Take advantage of a free initial consultation

To learn more about how our solicitors can assist you or to have your queries answered, why not have a free initial consultation with a member of our commercial property team? This can either be at our offices in StroudDursley, or Gloucester or at your premises.

To book your free initial consultation with our commercial property team, please contact your local WSP Solicitors office in GloucesterStroud, or Dursley, or use the enquiry form on the right.

Consult our commercial property disputes solicitors in Gloucestershire

To discuss a commercial property dispute with our expert team, please contact your local WSP Solicitors office in GloucesterStroud or Dursley, or use the enquiry form on the right.

If you have a quick question or would like to request a call back, you can also use our quick online enquiry form.

How we can assist with agricultural property law

Farmland sales and purchases

Farmland is a significant asset, and whether you are purchasing or selling, it’s extremely important to have assistance from a commercial property lawyer who has extensive experience in similar matters. The process is often time-sensitive and can be a stressful prospect for those involved.

Our farmland sales and purchases lawyers can assist with matters such as:

  • Purchasing agricultural property
  • Selling agricultural property
  • Planning issues
  • Land registration
  • Boundary rights, access, rights of way and easements

Rural leases and tenancy agreements

Whether you are looking to enter a new tenancy agreement or change a pre-existing one, it’s crucial to pursue legal support to ensure matters are being correctly handled and to make sure they suit your needs and circumstances.

Our rural leases and tenancy agreement solicitors have expertise in matters such as:

  • Making amendments to a full agricultural tenancy agreement
  • Entering or changing a farm business tenancy agreement
  • Grazing licenses
  • Rent reviews
  • Ending a tenancy
  • Tenancy compensation

Buying and selling agricultural land at auction

The sale and purchase of agricultural land at auction is considerably quicker and certain over the traditional route, as neither the buyer nor seller is authorised to withdraw from the transaction once the bidding has concluded. However, this doesn’t necessarily mean the process is more straightforward. You should still pursue legal support to ensure everything is carried out correctly, ensuring mistakes and delays are sidestepped.

Our solicitors have a broad scope of knowledge in agricultural land auctions. We can provide clear and carefully tailored advice to mitigate any potential risks and aim for a smooth sailing transaction with minimal stress.

Agricultural property law explained

What’s the process of purchasing agricultural land at auction?

If you are intending to purchase agricultural land at an auction, it’s important that you are aware of the process prior to attending. There are certain aspects that need to be arranged prior to purchasing any agricultural land through auction, including:

  • Having 10% of the purchase price ready to pay on the day of the auction
  • Having a mortgage in place prior to the sale, if required

What’s the process of selling agricultural land at auction?

If you are interested in selling agricultural land at an auction, there are many matters that need to be taken care of ahead of time, including instructing an auctioneer, agreeing on a guide price, advertising the agricultural land and entering the agricultural land into the auction.

In addition to the necessary actions above, you will need legal assistance from an agricultural property solicitor. They will assist with handling matters such as signing a copy of the sale (this needs to be done prior to the auction) and organising an auction legal pack in preparation for the day. The auction legal pack will include important information concerning the land, including the title deeds, conveyancing searches and other essential aspects needed for the auction sale.

What agricultural tenancies are there?

When it comes to farm tenancies, there are two types, Full Agricultural Tenancies (FATs), otherwise known as Agricultural Holdings Act tenancies (AHAs), and Farm Business Tenancies, and the type of tenancy you have will depend on when it was originally entered into.

A Full Agricultural Tenancy or Agricultural Holdings Act tenancy are agreements that were originally made before 1 September 1995, which follows the Agricultural Holdings Act 1986. There are a number of entitlements that the landlords and tenants have under this type of tenancy, including:

  • The right to a rent review every three years
  • End of tenancy compensation for approved improvements to the property – this can include major long-term improvements, ‘tenant right’ improvements and short-terming improvements. The compensation will be determined if the property value has increased
  • Compensation from tenant for disrepair

A Farm Business Tenancy agreement is typically made after 1 September 1995, which are subject to the Agricultural Tenancies Act 1995. These are quite different from a Full Agricultural Tenancy, where both the landlord and tenant in the agreement have more freedom to form an agreement between themselves.

For a tenancy to be considered a Farm Business Tenancy, the following must apply:

  • At least a part of the land in the tenancy must be farmed throughout, and either;
  • Before the tenancy begins, the involved parties must have exchanged notices confirming the intention of the tenancy to remain a farm business tenancy throughout, or;
  • The tenancy agreement must be primarily agricultural

Despite the additional freedom there is in a Farm Business Tenancy, there are still some requirements that must be followed in the agreement. These are as follows:

  • End of tenancy compensation for approved physical improvements to the holding and/or changes that increased the holding’s value
  • Right to negotiating rent – either once every three years by law or alternatively agreed between involved parties
  • Right to negotiating tenancy duration
  • Farm Business Tenancies require a 12 month minimum written notice to quit the tenancy

Why choose WSP Solicitors for agricultural property law advice?

Over the years, we have assisted many agricultural clients in a range of scenarios, from more straightforward matters, including purchasing agricultural property at auction, to those more complex, such as agricultural property disputes.

Close personal service

At WSP Solicitors, we believe in building long-lasting relationships with our clients and do this by providing exceptional service at each step of the agricultural property process.

Clear pricing

At WSP Solicitors, we can offer our services on either a fixed fee basis or hourly rate, depending on the complexity of the matter. Whether our assistance is charged on a fixed fee or hourly rate, we will give you an estimate of the costs from the get-go, so you are fully aware of what you will be paying.

Contact our agricultural property law solicitors in Gloucestershire

To discuss agricultural property law with our expert team, please contact your local WSP Solicitors office in GloucesterStroud or Dursley, or use the enquiry form on the right.

If you have a quick question or would like to request a call back, you can also use our quick online enquiry form.


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