Introduction

This checklist highlights issues to consider when acting for the seller of agricultural land, including issues relating to the Basic Payment Scheme (insofar as it continues to apply to land in Wales), taxation, capital allowances and VAT. In relation to some of the matters that are identified, the principal purpose is to ensure that as comprehensive a contract, title and information pack is supplied to the buyer at the earliest possible opportunity so as to reduce the potential for ‘price-chipping’ which might otherwise arise if unexpected ‘blemishes’ only reveal themselves further down the line.

Physical extent, boundaries, rights, etc

1. •

   Does the sale plan correspond with:

   1. ◦

      the evidence contained in the title deeds, and

   2. ◦

      the actual boundaries of the property as shown by fences, walls, ditches, rivers, streams, etc or as disclosed by the seller in replies to enquiries?

      For further guidance, see Practice Note: Property boundaries

2. •

   Is a new boundary being created as a consequence of the sale? Has it been accurately marked out on the ground, and do the