Article Category: Agricultural Law – Insight & Opinion

What happens to the farm on divorce?

farm divorce

Divorce is never an easy process to navigate but when a farm is involved, finances can be difficult to resolve. Divorce amongst the farming community is often high; this could be down to stress and strain arising from poor work/life balance and cash flow difficulties. On divorce, the farm will be classed as a financial… Read more »

Trends Arising from the Agriculture Act 2020

The Agriculture Act 2020 brought many changes to the system of rural grants and payments for farmers. As a result, our farming clients have had to plan for the future and change the way in which they work in order to adapt to the new system. James Goddard, Commercial Property Partner in our Agriculture department,… Read more »

Service Occupancy: What You Need to Know

Farmhouses on a hill - displaying service occupancy in the agriculture sector

What is ‘Service Occupancy’? Service occupancy is where an employer requires an employee to live in a specified property in order to perform their job better. Employees often include agriculture staff, caretakers, hotel managers and teachers at residential schools. The employer gives the employee a personal licence to occupy the property for as long as… Read more »

Agricultural Workers’ Rights: What’s the Correct Level of Pay?

Farmer holding grains - Agricultural Workers' Rights

Agricultural workers’ rights and pay in the agricultural sector can often leave many employers confused and unaware of the complex provisions. Keeping up to date with employment legislation can be vital to ensure you are not caught out. Particularly when the government typically introduces new legislation each spring. What Are Agricultural Workers’ Rights? Firstly, the… Read more »

Lockdown and Permissive Access for Landowners

Permissive access for landowners

In the past, landowners could use public rights of way to provide ‘permissive access’ over the land for the benefit of local residents to use for walking, cycling or horse riding, for example. This was so that it came within Countryside Stewardship Schemes run by Defra and managed by Natural England. Permissive access provided landowners… Read more »

Will We See Changes to Farming as We Know It in 2021?

Farmhouse in the countryside

All sectors have been impacted by COVID-19 in one way or another, not least the farming industry. This comes at a time where there is already much reform and changes to farming occurring, including the Basic Payment Scheme (BPS), a system of rural grants and payments that provide help to the farming industry. What Changes… Read more »

Case Study: The Sale of a Derelict Farm During COVID-19

sale of a derelict farm

James Goddard, Partner, gives an example of how our Commercial Property team dealt with a recent sale of a derelict farm, despite the COVID-19 difficulties. Our Commercial Property team acted in the purchase of a derelict farm for a client and negotiated the terms of an overage agreement. An overage agreement contains an obligation on… Read more »

Agricultural Property Relief: 4 Key Considerations

fiannce sheets calculating agricultural property relief

Agricultural property relief is an extremely beneficial relief for inheritance tax. It is important that landowners take advice as it can be as much as 100% relief if certain criteria are met. Here are 4 things to think about: 4 Key Considerations for Agricultural Property Relief 1. Check who owns the land Unlike business property… Read more »

New Trends in the Agriculture Industry due to COVID-19

As we face a constant stream of news, focusing mainly on the COVID-19 pandemic, it is sometimes difficult to separate the negative headlines from positive trends. The Agriculture industry is one of the most important industries affected by constant changes and challenges caused by COVID-19. However, it has also brought about new opportunities. Food is… Read more »