Agricultural property

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Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Agricultural property content

Practice notes
Agricultural property relief (APR) was provided for from the outset when capital transfer tax was introduced by the Finance Act 1975. The nature of...
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Produced in partnership with Hayden Bailey and Gabrielle Dewes of Boodle Hatfield 15th Jan
Practice notes
This Practice Note looks at the structure and funding of farming businesses, the types of security that can be granted by them and enforcement options...
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Produced in partnership with Stephen Allinson 15th Jan
Precedents
Re: [property] (the Property)Seller: [seller]Buyer: [buyer]1Extent of the Property1.1Boundaries1.1.1Please provide a plan of the Property showing the...
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15th Jan
Precedents
Re: [property] (the Property)Seller: [seller]Buyer: [buyer]1Extent of the Property1.1To whom do the boundary walls and fences, hedges and ditches...
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15th Jan
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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15th Jan
Practice notes
Status of the contractThe contract remains valid even if the seller dies between exchange and completion. The benefit and burden of the contract will...
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15th Jan
Practice notes
Qualifying improvementsOn quitting an agricultural holding to which the Agricultural Holdings Act 1948 applies, the tenant is entitled under the...
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15th Jan
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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15th Jan
Practice notes
Agricultural Holdings Act 1986The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums for the resolution of disputes in relation...
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15th Jan
Practice notes
BackgroundRegulation (EU) No 1307/2013, along with a number of supporting EU Regulations (collectively referred to in this Practice Note as the Direct...
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15th Jan
Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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15th Jan
Practice notes
Introduction to the Agricultural Credits Act 1928The Agricultural Credits Act 1928 (ACA 1928) created a bespoke form of security that allows a farmer...
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Produced in partnership with Tom Williams of Michelmores 15th Jan
Practice notes
At common law, a tenant’s ability to remove agricultural fixtures and buildings was more restricted than was the case in relation to trade fixtures...
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15th Jan
Practice notes
What is a profit à prendre?A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits...
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15th Jan
Practice notes
Agreements for sale of commercial propertyThe Standard Commercial Property Conditions (First Edition) were published in May 1999. At that stage it had...
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15th Jan
Practice notes
A farm tenant may be entitled to compensation for disturbance where:•the tenant quits the holding after receiving a notice to quit from the landlord,...
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15th Jan
Practice notes
Farm business tenancy—compulsory acquisition of tenant’s interestWhere land is:•used for agriculture by way of a trade or business, or •comprised in a...
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15th Jan
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.There is no common law...
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15th Jan
Practice notes
A farm business tenancy is any tenancy of agricultural land that is governed by the Agricultural Tenancies Act 1995 (ATA 1995). 1986 Act Agricultural...
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15th Jan
Practice notes
For the purposes of Part III of the Agricultural Tenancies Act 1995 (ATA 1995), a 'tenant's improvement' means:•any physical improvement made on the...
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15th Jan

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