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This article was published on November 13th, 2020
Whether you’re a seasoned farmer, an investor or a private party looking to purchase or sell a property in the countryside, buying or selling farm land and agricultural buildings can be a complex process and it’s essential you seek the assistance of an experienced agricultural conveyancing legal professional.
As this can be an extremely complex area of property law, our agricultural conveyancing team based in Macclesfield, in the heart of the Peak District, have put together this list of FAQs based on questions and answers that our team commonly encounter.
Of course, if the question you need an answer to isn’t listed here, our team will be happy to help. You can learn more about our agricultural conveyancing services by clicking here.
Whether you’re a farmer or a private individual without prior farming experience, you may purchase agricultural land or a farm.
However, one thing you must be aware of is that there may be restrictions relating to your use of the property, this is something that an experienced legal professional will be able to highlight and expand on during the agricultural conveyancing process.
It is potentially possible to remove restrictions on the way agricultural property is used, however, this can be a lengthy and complex process.
These restrictions are usually labelled as ‘agricultural ties’ and there are two main ways in which these ties may be removed.
Firstly, if the rules of the tie are breached continuously for 10 years or more then a lawful development certificate may be sought from a local council or authority.
Should the certificate be granted it will authorise the change of use, however, the original tie may also be re-implemented should the application for the certificate be declined.
Another way to potentially be able to change the use of the agricultural property is to consult with the local authority and propose that th conditions stipulating how the property must be used are no longer valid.
This can be a long process and it is essential you speak to a qualified legal specialist in this field in order to ensure the process is carried out correctly.
A full description of the agricultural land and any assets that are a part of it are usually listed within the deeds of the property, however, streams can often be a point of contention.
Where a stream or rive lies directly on the boundary line of a property, the landowners on both sides will have ownership up to the middle of the river or stream itself.
There are four types of sale relating to agricultural land and these include sale by formal tender, sale by auction, sale by informal tender and sale by private treaty.
Our agricultural conveyancing experts will be able to assist you with any of these types of sale and help you identify which type is right for you.
If you’re in need of a reliable and efficient agricultural conveyancing team to assist you, our team would love to help.
Please our team today by calling 0330 058 0118 or complete our online enquiry form by clicking here and our team will get in touch with you at a more suitable time for you.