Q&As

Where a client is purchasing land which is subject to an agricultural charge under the Agricultural Credits Act 1928 in favour of an unrepresented third party, what are the risks to the purchaser?

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Produced in partnership with Alistair Cantor of Cornerstone Barristers
Published on: 17 April 2025

It is assumed the charge has been given and received by entities capable of making charges of this nature, and registered in time at HM Land Registry.

The question states that it is the land being purchased that is subject to a charge under the Agricultural Credits Act 1928 (ACA 1928), but this cannot be correct. ACA 1928 created a right on the part of ‘farmers’ (as defined in ACA 1928) to secure lending from banks via fixed or floating charges over agricultural assets. However, charges under ACA 1928 can only be made against either ‘farming

Alistair Cantor
Alistair Cantor

Barrister, Cornerstone Barristers

Alistair came to the Bar after a career in the City of London at a major investment bank.  He has practised extensively in property since the outset of his legal career and has gained wide-ranging experience in all types of disputes in the County Court, High Court, and Residential Property and Land Registration Chambers of the First-Tier Tribunal. His experience in the field includes: residential and commercial landlord and tenant; possession claims; civil fraud, misrepresentation and rescission; rent arrears and debt claims; forfeiture; trusts over land, co-ownership and ToLATA claims; service charge disputes; boundary disputes; nuisance; and dilapidations claims.

His past work in this field includes:

• The non-contentious drafting written statements of occupation contracts for a large number of major Welsh landlords following the implementation of the Renting Homes (Wales) Act 2016
• Mayor and Burgesses of the Brent London Borough Council and another v Malvern Mews Tenants Association Ltd [2020] All ER (D) 192 (Apr); [2020] EWHC 1024 (Ch): Alistair represented the successful respondent. The case raised an important point as to the position of defendants to and evidential burdens in claims for negative declarations as to the absence of legal rights.
• Providing non-contentious advice to a major private landlord on its standard tenancy documents and procedures.

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United Kingdom

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