Our Agricultural Solicitors are ideally placed to guide you through changes in the UK farmland market.
We want your sale or purchase to go through swiftly, completely pain-free and in the best way possible for your rural business.
We can draw from years of expertise, following complete due diligence and compliance in a complicated area of law. By working with us, you’ll be fully informed, every step of the way.
We’re committed to ensuring both the seller and the buyer are aware of the opportunities available to them throughout the transactional process.
For initial legal advice get in touch with our Agricultural Solicitors.
More Information on Buying and Selling Agricultural Land
With these opportunities come more risks and a greater need for due diligence when buying or selling such commodities.
Our specialist Agricultural Solicitors can make sure no stone is left unturned. We’re committed to ensuring any agricultural land sale or purchase you’re involved in offers you the best possible outcome.
We’ll work in partnership with you and make sure you get the best legal advice for you or your business.
Key Considerations when Buying or Selling Agricultural Land
We believe in excellence when it comes to client service. We’re always improving our performance and driving efficiency so that you get the best results.
By having an understanding of the agricultural sector, we cover every angle and consideration towards any rural land or property transaction, including landed estates and substantial property holdings. These considerations include:
- What access and service rights are in place?
- Are there any sporting rights?
- Are boundary lines correct?
- Do you need planning permission and building regulations approval?
- Is the land in a nitrate vulnerable zone?
- Are there any restrictions on the land that would affect you or need to be transferred to the new owner?
- Do you need to take into account tenants who use your land or buildings?
- Tax considerations
- Are there single farm payments or other entitlements affecting the land?
Whatever legal complexity that may arise, rest assured that Simpson Millar can deliver the results. Our friendly, enthusiastic approach will give you every confidence in us and our ability to resolve your issue.
Get in touch and one of our Agricultural Solicitors will be more than happy to discuss your matter.
Methods of Buying and Selling Agricultural Land
There are various methods of purchasing agricultural land, whereby seeking the advice of a specialist Agricultural Solicitor, is highly recommended.
- Private Treaty – A lot of land in England and Wales is sold in this way (around 60% in fact), and these kinds of sales are usually facilitated by an estate agent. This method allows for much more confidentiality for the buyer.
- Auction – In this method, the public bid for the land and exchange takes place at the fall of the hammer. This was previously seen as a way to secure land much more cheaply, however it can be a risky and expensive way to purchase land, due to the price being pushed up by bidders.
- Formal Tender – This method invites offers by a firm closing date. Sellers can push for the maximum possible price by asking for sealed bids, and a deposit, by a given deadline.
- Informal Tender – Potential buyers can offer a sealed or open bid by a certain date. Bidders may be invited to increase their bids. This method is good for testing how serious the buyer is about making the purchase.
Q As the buyer, what are my key responsibilities?
A The onus is always on the buyer to find out as much as possible about the property they wish to purchase. Hiring an Agricultural Solicitor can ensure that all due diligence is performed by the buyer.
Q What is the Common Agricultural Policy (CAP)?
A The CAP is a system of agricultural subsidies and programmes covering farming, environmental measures and rural development. The key objectives are to:
- Increase agricultural productivity thus to ensure a fair standard of living for agricultural producers.
- Stabilise markets
- Assure availability of supplies
- Ensure reasonable prices to consumers
Q How will agricultural land prices be affected when Britain leaves the EU?
A It’s still rather unclear as to what will happen. Forecasters are predicting that there will be a decrease in land values, ending a decades-long boom. The UK agricultural sector currently receives subsidies from the EU, and once these are withdrawn, the impact on commercial farmland could be massive.
Q What is ‘caveat emptor’?
A Caveat emptor simply means “buyer beware” and has been part of the law in England and Wales (and many other jurisdictions) for centuries. It means that it is up to those buying goods and property to make sure they are free from defects and fit for purpose. If the buyer finds an issue after the sale, the law will not be on the side of the buyer.
This is especially important in property and land sales, and explains why due diligence must be performed by a specialist Solicitor before such a sale or purchase goes ahead.