The perils of public rights of way

The Ramblers' Association’s “Don't Lose Your Way” campaign last year uncovered almost 50,000 miles of historic rights of way missing from the definitive maps in England and Wales. New rights of way – such as a bridleway or footpath – can only be added by a Definitive Map Modification Order. However, anyone can apply for such an order for free, so farmers should take active steps to ensure a public right is not created which might interfere with the use of their land. Jacqueline Barr, Head of Agriculture at Ware & Kay in York & Wetherby explains how public rights of way can be created, and she outlines what steps farmers can take to protect themselves. Definitive Map Modification Orders are granted by the surveying authority for the area (the county council or unitary authority) on…

Why farmers should have Lasting Powers of Attorney in 2021

With the death count from Covid-19 now topping 152,000 and an estimated two million people suffering from long Covid in the UK, people’s worries about what would happen if they become incapacitated have been thrown into sharp focus. Being rendered unable to work is a particular worry for farmers as the successful management of a farm takes a lot of hard (and often physical) work. It is vital for farmers to put measures in place to ensure the continuing success of their farming business in case they fall ill or are unable to carry on working. A good measure is to have a Lasting Power of Attorney (LPA) drawn up, which allows you to nominate someone to run your affairs while you are out of action. Laura Carter, private client law specialist at Pearsons & Ward…

Why you need a specialist conveyancer when buying or selling rural property

Many people wrongly assume that buying or selling agricultural property is much the same as any other conveyance. In reality, a property transaction involving farmland can be a complicated and taxing process with many elements to consider. We outline below some of the pitfalls involved in purchasing or selling agricultural property and explain why you should engage us as your specialist conveyancer to guide you through the process. The conveyance of agricultural land requires all the usual checks and searches that are needed for non-agricultural property, such as title investigations at the Land Registry, checks for existing easements (rights of way) and planning permissions, as well as local authority, environmental, and water and drainage searches. In addition, agricultural land conveyancing often requires a whole host of extra investigations, such as: Wayleave agreements – are there…

Brexit and the impact on farmers

Farmers across the country breathed a huge sigh of relief on Christmas Eve when the UK and European Union reached a last-gasp post-Brexit trade deal after nine torturous months of negotiations. The long-awaited trade deal, which came into force when the Brexit transition period ended on 31 December 2020, averted a no-deal Brexit – which most agreed would have been a catastrophic development for the agricultural sector. Although the tariffs are no longer a threat, trade will still not be completely frictionless and farmers who deal with the EU or traditionally used EU workers still have much to consider. Jacqueline Barr, agricultural law specialist at Pearsons & Ward Solicitors in Malton (part of Ware & Kay Solicitors) explains. Movement of labour Free movement of labour ended on 31 December 2020, leaving food and farming sectors exposed…

Diversification and Farm Business Tenancies

Farmers are having to diversify part of the farm in these current times to stay financially afloat. This will likely increase due to the decline in subsidies. So how do Tenant farmers go about trying to diversify and what does this mean for Landlords? If you are a tenant farmer and you wish to diversify the farm or part of it to a non-farming activity e.g. Glamping pods, B&B, Farm Shop etc. it is likely you will need to obtain your Landlord’s consent to do so. Agricultural tenancies usually permit the tenant to use the Holding for agricultural purposes only and may contain restrictions against taking out any part of the holding from agricultural use. Tenants may choose to ignore the tenancy agreement and pursue diversification in any event but should be warned that the Landlord…

Know your rights over land access

Agricultural landowners will almost invariably have utility company-owned apparatus running somewhere across their property – whether this is electricity lines, water pipes or gas pipes. Utility companies will, at times, need to access such infrastructure to carry out repairs, replacements or upgrades, but as Jacqueline Barr agricultural expert at Ware & Kay in York & Wetherby explains, “Farmers should ensure their rights are protected before they enter into any access agreement”. Utility companies usually have statutory powers of entry onto land under legislation such as the Water Industries Act 1991, Electricity Act 1989 or Gas Act 1986, but exercising these powers can be expensive and time-consuming, and most companies generally prefer to reach a negotiated agreement with the landowner instead. The two main access agreements for this type of situation are through the use of a…

Is your diversification project ‘agricultural use’ and does it matter?

In the current climate, many farmers are diversifying to future proof their farm business. In more recent years this has meant new non – farming business ventures. However, as an owner or tenant of agricultural land, you may be subject to restrictions as to how that land is used and now is probably a good time to check whether this applies to you and consider if this affects your diversification plans. The recent claim brought against the estate of Mr Philip Partridge (deceased) and his wife Mrs Lynette Partridge (Mills v Estate of Partridge and another [2020]) is a perfect example of why a requirement that land to be used for agricultural purposes only, certainly does matter. Pamela Mills (claimant) was the owner of land at Iverley House Farm in Staffordshire including a track which…

Farm diversification – five areas to consider when planning to diversify

Diversification is a hot topic in this current climate.  From glamping and tea rooms to experience days and selling Christmas trees, farmers are finding new ways to make ends meet.  Johanne Spittle agricultural and commercial specialist at Ware & Kay Solicitors says ‘Diversification can help to transform an agricultural business, but only if it is properly thought through, with the benefit of professional advice and a strong underlying business plan.’ 1.Type of diversification The type of diversification that will work best for you depends on your circumstances, and, if you are a tenant farmer, the type of diversified activity will depend upon what is allowed under your tenancy or permitted by your landlord. Some of the most successful diversifications are those that utilise existing farm resources and infrastructure, or which tap into a gap in the…