Gould & Swayne Solicitors of Street, Glastonbury and Highbridge, Somerset, UK
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Buying Agricultural Land - Some Points To Check
Who owns the boundaries?
The title deeds or the Seller will normally be able to confirm ownership.
Who owns the ditches?
The title deeds or the Seller will usually be able to confirm ownership. Some ditches are maintained by one of the drainage boards, in which case drainage rates will be payable.
Does the land have the benefit of a water supply?
The Seller should be able to produce an invoice from the Water Authority confirming this and also showing whether the water supply is metered. Sometimes the water supply is direct from the mains, in other cases the supply may run through private land and you should check whether appropriate rights exist for the water supply to continue.
What about access to the land?
You should check whether access is direct from the public highway, or whether rights of way over a drove or other privately owned land are needed.
Are there any rights of way over the land?
A search with the Local Authority will reveal any recorded public or definitive rights of way affecting the land. The Seller should provide details of any private rights affecting it.
Is the land part of any agri-scheme?
Some land falls within a Nitrogen Sensitive Area, Environmentally Sensitive Area or a Site of Special Scientific Interest and the land owner will normally have entered into an agreement with the Government to protect the land under these schemes and the Government will pay the owner a grant.
Are there any government subsidies payable on the land?
One of the subsidies payable on land is the Single Farm Payment which will be payable in every year on all land registered under the scheme with the Government.
When considering any purchase of land (whether at auction or by private treaty) we strongly recommend that you take legal advice before you are legally committed to the transaction. This may save you trouble and expense in the long run.
Legal advice may vary according to the circumstances of each particular case. Please contact us for advice.