Introducing our agriculture & rural team

Our specialist agricultural solicitors in Bath, Frome, Sherborne and Wells are experts in the legal issues affecting farming and rural businesses.

So, whether you are looking to set up a new partnership, sell your farming business, succession plan or settle a dispute our team of agricultural solicitors can help. With our wealth of sector knowledge, commitment to personal service and excellent relationships with local agents, we can minimise issues and help you protect the future of your farm.

Our services include:

Partnerships & Farming Structures

Structuring a partnership agreement is essential for any farming business and particularly important where there are specific tax planning requirements and to aid succession planning. Our team of experts can advise on partnership agreements and limited company structures but also on dissolutions, joint ventures and tenancy agreements. Working closely with your accountant and other professional advisers we make sure your legal arrangements take your personal circumstances fully into account.

Farm Sales & Estate Purchases

Our experienced agricultural property team understand that buying or selling a farm or estate requires specialist knowledge. Our experts can help you overcome the unique challenges that often accompany an agricultural transaction and advise on a range of ancillary matters such as land which is restricted by tenancies, any rights of way disputes, the granting of overage or the discharge of any overage obligations attached to the land as well as the granting of any leases or tenancies which might be required.

Agricultural land for sale/ development

Our farms and estate experts deal with all types of property disposals ranging from small paddocks to hundreds of acres of land. We can guide you through the sale process which includes considering any leases, licenses, rights of way or easements which exist or need to be granted to access land which has been retained. Our team of experts will liaise directly with your agent throughout the process on order to complete the sale of your property as smoothly as possible.

Farm succession

Succession planning can be a complex, emotive and challenging process but essential to ensure a smooth transition of the management and ownership of any business. Having a succession plan in place is particularly relevant with farming businesses where often family and business are very much intertwined. A succession plan will not only help to secure business continuity but also prevent a lot of heartache for loved ones in the future.

Our team of succession planners will work with you to ensure all your life’s work passes to the next generation in the most tax efficient way and with minimal disruption to the business and family life.

Farm tenancies

Farm business tenancy agreements are always very particular to individual circumstances and must be tailored to suit both landlord and tenant. Before entering into a tenancy agreement, it is important to have a full understanding of the implications for you, your business, and your family, be it from a tenant’s or landlord’s perspective, at the earliest possible stage. Our team of agricultural solicitors can provide advice and guidance for both landlord and tenants to ensure the tenancy works for all parties both now and in the future. Including:

Farm Business Tenancies

• Creating new Farm Business Tenancy agreements
• Advice on existing FBTs with regards to occupation rights and compensation claims
• Share farming and contract agreements
• Profit of pasturage agreements
• Grazing licenses
• Single Farm Payment Scheme advice

Agricultural Tenancies Act

• Resolving issues regarding tenancy termination
• Investigating current tenancy agreements
• Dealing with Agricultural Land Tribunal proceedings
• General tenancy disagreement resolution
• Succession dispute advice for tenants or landlords

Renewables and diversification

As farm businesses face increasing challenges in terms of economic stability and traditional production methods, more and more farmers are considering diversifying. Whether it’s tourism, hospitality, wind farms or solar our team of experts can help you understand the tax implications, the business structure and planning permission that is needed as well as guidance on the grants and funding options available.

Rights of way

When your land is part of your livelihood, issues with rights of way and public access to land can be damaging and costly. Whether you are a landowner wanting to divert public access from your land, or a developer wanting to stop plans to create a right of way, our team of experts can help protect your land and your livelihood. Our team of rights of way experts include Jonathan Cheal, one of the country’s leading practitioners in this type of work.

Find a clear direction with rights of way assistance on:

• Dedication agreements and deposits
• The challenges posed by applications
• Diversions and extinguishments
• Permissive paths
• Village green
• Coastal access
• The Countryside and Rights of Way Act 2000 (CROW) rights

Agricultural disputes

Agricultural disputes can range from boundary or rights of way issues to more personal issues such as inheritance disputes or farm ownership problems following a separation. Disputes in an agricultural setting require an expert who understands the unique challenges faced by those working in the sector, only then can a dispute be resolved effectively while also preserving relationships, a business and assets for future generations.

Contentious Probate / Inheritance Disputes

It’s not unusual to have several generations of the same family working a farm and so if clear instructions about who gets what after the death of a senior family member are not documented, then there is enormous potential for things to become contentious. This not only disrupts day to day farming operations but the impact on the family can be severe and long lasting. Our team of experts have extensive experience of helping farming families resolve disputes quickly and efficiently with the aim of preserving the family business for years to come.

Next steps: get in touch

If you need legal advice on a agricultural matter, contact our agricultural solicitors on: 0800 533 5349 or enquiries@mogersdrewett.com