Article Category: Agricultural Law – Insight & Opinion

Partnership Disputes: How to avoid them

A recent case (Wild v Wild) has highlighted again the need for farmers to be clear about how the farming assets are held. Whilst putting a partnership agreement in place is the last thing farmers want to think about when they’re busy getting on with the day job, it can have a big impact in… Read more »

Selling Farmland For Redevelopment

Our Agricultural Law team are often approached by clients who are considering selling farmland for redevelopment or who have been approached by developers. Understandably there are lots of questions surrounding this topic. James Goddard, our Senior Property Associate who specialises in agricultural law, has answered a few of the frequently asked questions below to help… Read more »

New Electronic Communications Code: How Are Landowners Affected?

The Electronic Communications Code from 2003 has long been criticised for being unfit for purpose and for holding back the roll out of new telecommunications technology. Finally, on 28 December 2017, it was replaced and the new Electronic Communications Code (‘the New Code’) came into force. In this blog, I will look at three areas… Read more »

Discretionary Trusts: Don’t Wait For A Family Dispute To Happen

A recent case about a family farming partnership has highlighted the need to take independent legal advice, even when a solicitor is advising the family and everyone is getting on well at the time. Without it you could be shocked by the result of future disputes, particularly when it comes to assets left in discretionary… Read more »

How Can An Overage Agreement Protect The Future Value Of Your Land?

We are regularly asked to deal with the sale of land where an overage agreement is required. The first question is, what is an overage agreement? Essentially, such an agreement contains an obligation on the buyer of land to make a further payment to the seller in the future when a certain event, known as… Read more »

The Vigne Decision: A New Glimmer Of Hope For Business Property Relief

A recent court decision, the Vigne case, has given a glimmer of hope for taxpayers hoping to qualify for Business Property Relief from inheritance tax. Business Property Relief (BPR) offers significant tax savings, often 100%, so it is obvious why taxpayers are keen to maximise this relief where possible. The Vigne decision, upheld the claim… Read more »

The Impact Of The General Election Result On Landowners And Farmers

I originally wrote this blog in May when the Conservative Party had a 20 point lead in the polls and everyone expected them to be re-elected with an increased majority. At that time it was reasonable to assume that the contents of the Conservative Manifesto would become law. This all seems a very long time… Read more »

Succession Planning For Farmers: Top Tips For Getting Things Right

Helen Gowin, Estate Administration & Probate Partner, looks at succession planning for farmers and gives her top tips for getting things right. A good starting place is to consider the historical structure of the farm, and review who currently manages the finances and how roles are defined. Considering and documenting these aspects will help to outline… Read more »

Divorce And The Farming Partnership

The financial issues that arise when a couple reach the stage of divorce are never easy to resolve. When those issues involve a farming partnership the division of assets and the need to meet the financial requirements of both parties can quickly become a complex case. The start point for any effective negotiation in a… Read more »