York As a solicitor working closely with farming families, one of the most common – and often surprising – issues I come across is uncertainty around land ownership. In many cases, people assume the land they’ve farmed for decades is securely and legally theirs… but the paperwork doesn’t always tell the same story.
For many farms, especially those passed down through generations, land may remain unregistered. The original deeds might still be in a drawer somewhere, and while they might tell part of the story, they often don’t paint the full picture. Missing documents, unclear boundaries, or land that’s been used without formal ownership can all pose risks. If your land isn’t registered with the Land Registry, proving ownership down the line — whether for a sale, inheritance, or dispute — can become far more difficult than most anticipate.
Even registered land isn’t immune to problems. Many assume that Land Registry plans show exact boundaries – but in reality, they usually show general boundaries. That means discrepancies can exist between the registered plan and the physical layout on the ground. These mismatches often only come to light during a dispute or when a transaction is underway. That’s why it’s worth reviewing your Land Registry records, comparing them to the land as it stands, and correcting any inconsistencies before they become a problem.
Another area I regularly advise on is land occupation, especially occupation by farming partnerships. It’s not unusual for one or two partners to own the land, while others farm it without a formal tenancy agreement in place. This may seem harmless — until there’s a disagreement or a change in circumstances. Without a clear, written agreement, the law might grant unexpected rights to those in occupation, complicating ownership matters significantly.
Getting the legal side of land ownership and occupation right isn’t about red tape — it’s about protecting your legacy, what you’ve built and making sure your farm’s future is secure. Whether it’s reviewing title deeds, registering unregistered land, or putting in place robust agreements, a proactive legal review can save stress, time, and money in the future.
If anything here sounds familiar, I’d be happy to help. Feel free to get in touch to arrange a friendly, no-obligation consultation — and let’s make sure that what you think you own is truly yours. Contact our Head of Agriculture at Ware & Kay on Malton 01653 692247 or email law@warekay.co.uk.
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