Agricultural property

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Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Property weekly highlights—14 January 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—14 January 2021

Finance Bill 2020—new clauses published on 25 June 2020

The following Employment news provides comprehensive and up to date legal information on Finance Bill 2020—new clauses published on 25 June 2020

Featured Property content

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

Quistclose trusts

What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...

Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Pre-completion searches

Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...

9th Nov

Practice notes

Without prejudice and subject to contract

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...

9th Nov

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Precedents

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

9th Nov

Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Practice notes

Insolvency—fixed charge receivership

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...

9th Nov

Precedents

Disclosable overriding interests questionnaire

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...

9th Nov

Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

9th Nov

Practice notes

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....

9th Nov

Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

9th Nov

Practice notes

Sub-sales and assignments

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...

9th Nov

Most recent Agricultural property content

Practice notes

IHT—agricultural property relief

Agricultural property relief (APR) was provided for from the outset when capital transfer tax was introduced by the Finance Act 1975. The nature of...

Produced in partnership with Hayden Bailey and Gabrielle Dewes of Boodle Hatfield 15th Jan

Practice notes

Guide to insolvency in the agriculture industry

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...

Produced in partnership with Stephen Allinson 15th Jan

Precedents

Preliminary enquiries in a sale of agricultural land—freehold and leasehold—long form for estates and large farms with dwellinghouses and farm buildings

Re: [property] (the Property)Seller: [seller]Buyer: [buyer]1Extent of the Property1.1Boundaries1.1.1Please provide a plan of the Property showing the...

15th Jan

Precedents

Preliminary enquiries on a sale of agricultural land—freehold and leasehold—short form

Re: [property] (the Property)Seller: [seller]Buyer: [buyer]1Extent of the Property1.1To whom do the boundary walls and fences, hedges and ditches...

15th Jan

Practice notes

Basic Payment Scheme (England)

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...

15th Jan

Practice notes

What happens if the seller dies between exchange and completion?

Status of the contractThe contract remains valid even if the seller dies between exchange and completion. The benefit and burden of the contract will...

15th Jan

Practice notes

End-of-Term compensation for 'relevant' improvements under the Agricultural Holdings Act 1986

Qualifying improvementsOn quitting an agricultural holding to which the Agricultural Holdings Act 1948 applies, the tenant is entitled under the...

15th Jan

Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

15th Jan

Practice notes

Agricultural tenancies—dispute resolution

Agricultural Holdings Act 1986The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums for the resolution of disputes in relation...

15th Jan

Practice notes

Direct support payments to farmers for the 2020 claim year

BackgroundRegulation (EU) No 1307/2013, along with a number of supporting EU Regulations (collectively referred to in this Practice Note as the Direct...

15th Jan

Practice notes

Manorial rights

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...

15th Jan

Practice notes

Agricultural charges under the Agricultural Credits Act 1928

Introduction to the Agricultural Credits Act 1928The Agricultural Credits Act 1928 (ACA 1928) created a bespoke form of security that allows a farmer...

Produced in partnership with Tom Williams of Michelmores 15th Jan

Practice notes

Agricultural tenancies — tenant fixtures and fittings

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...

15th Jan

Practice notes

Profits à prendre

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...

15th Jan

Practice notes

A review of Standard Commercial Property Conditions (Second Edition) and practical tips

Agreements for sale of commercial propertyThe Standard Commercial Property Conditions (First Edition) were published in May 1999. At that stage it had...

15th Jan

In-house

Practice notes

Agricultural tenancies — compensation for disturbance

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,...

15th Jan

Practice notes

Compulsory acquisition of agricultural land

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...

15th Jan

Practice notes

Payment of deposit

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.There is no common law...

15th Jan

Practice notes

Summary of security of tenure for farm business tenancies

A farm business tenancy is any tenancy of agricultural land that is governed by the Agricultural Tenancies Act 1995 (ATA 1995). 1986 Act Agricultural...

15th Jan

Practice notes

End-of-Term compensation for improvements under the Agricultural Tenancies Act 1995

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...

15th Jan