Agricultural Solicitors

Working face-to-face with a local agricultural solicitor makes it easier for us to understand your land, your business and your needs.

It also lets us build a long-term relationship so that we can help you and your family overcome all the legal challenges associated with farming and rural land ownership. That includes everything from sales, tenancies and diversification to farm succession and dispute resolution.

Our trusted agricultural and rural solicitors in Bath, Frome, Wells and Sherborne have decades of experience advising landowners on legal and property issues. Many also come from farming backgrounds, giving them first-hand insight into your problems and how to solve them.

You can purchase agricultural land or a farm even if you have no farming experience.

That said, there may be some restrictions on how you are permitted to use that land.

If you’re considering buying farmland, speak with our agricultural and rural solicitors for expert legal advice and guidance.

An overage clause allows the seller of land to benefit from any subsequent increase in the land’s value after having sold it. It is usually contained within a commercial property or land sale contract. For example, if the buyer increases the value of the land by obtaining planning permission, then the buyer agrees to pay the seller extra money on top of the agreed sale price. 

Having an easement on your property means that a third party has permission to use your land for a particular purpose. The most common easements are right of way or a right to light.

A farm tenancy is an agreement that allows a farmer who does not own the land to farm it. Before entering into a tenancy agreement, it is important to have a full understanding of the implications for you, your business and your family.

Having a succession plan in place will not only help to secure business continuity but also prevent a lot of heartache for loved ones. This is particularly relevant with farming businesses, where often family and business are very much intertwined. 

For a start, many farm properties include the family home, and there will be family members who do not want to take on the family business but who you still want to benefit from a share of the assets. Failure to plan could result in a dispute involving the farm business and your family.

In the event of divorce, farms can be more complicated than other assets. Farms are often inherited by one party prior to a marriage and can be owned by various members of a family. As such, there can be other parties’ rights and interests to consider. Additionally, many farmers will want the asset to be retained because it both generates their income and there is often a desire to leave it to future generations. 

Many of these issues can be prevented if the parties enter into a prenuptial agreement before they get married. It is also possible to come to a similar agreement during the marriage. This is known as a postnuptial agreement. 

The agreements create the opportunity to discuss what would happen to the family farm in the event of separation and can be very persuasive when coming to a financial settlement. They can also prevent lengthy solicitor negotiations or Court proceedings at a later date.

Disputes among farming families in relation to inheritance of the family farm are common. The only way to accurately record your wishes is to draft a Will and put in place a clear succession plan that is discussed with everyone involved in the family and the farm before a senior member of the farming family dies.

Yes, you can.

In fact, diversification – such as converting outbuildings into tourist accommodation or setting up a wind farm – is a popular way to generate extra profit from unused land.

However, agricultural land is often under restrictions that define how the property can be used.

You can start the process for changing these requirements with the help of our agricultural law team.

Whether or not the public has a right to use a footpath on your land depends on a lot of factors, including:

• How long the footpath has been in use
• How often it’s used
• Who uses it
• What it’s used for
• Whether permission has been given to use it
• Whether there’s any signage stating that it’s a public footpath

To figure out which rights of way apply to your footpath, contact us today to give us the facts.

Land use depends on planning permissions, tenancy agreements, and environmental regulations. We help landowners navigate compliance.

Legal fees vary depending on complexity & services required. Contact us for a free initial consultation.

We specialise in land ownership disputes, rights of way, and property litigation for rural clients.