Agricultural land – what you need to know
Are you a landowner, farmer or developer wondering what the future holds? It may be worth considering estate management and speaking to one of our specialist rural services advisors, who have deep expertise in dealing with farming issues and agricultural land.
We will be writing a series of articles on agricultural land and estate management for the same, giving you ideas of where to start when dealing with your assets and even succession planning.
The focus of this one is on the land itself and what to watch out for.
Initial research
Firstly, carrying out initial research is important in planning for estate management and knowing exactly what the land is and what rights are contained within that land.
Often there is a bundle of historic deeds with agricultural land that could highlight important rights or restrictions, from sport, such as shooting rights, or if there are any ponds, lakes or streams within the land, fishing rights. Ensuring these are clear on the title deeds can ensure a smooth transition if the land is required to be transferred and adds potential value to the land should you look to sell.
Once you have located the historic title deeds, whether your plan is to sell, retain or even transfer some, or all, of the land you own, ensuring the land is registered with HM Land Registry protects you as the landowner and speeds up the process later. By registering the land, you store the rights, ownership details and boundaries electronically and can easily download them when required, helping to demonstrate who owns which areas and where boundaries such as fences or walls lie on the land.
We hope this brief overview of what to look out for with agricultural land highlights where solicitors can assist when succession planning and managing one's estate.
Land benefits
Knowing what the land benefits from will also add value to the land for potential buyers or for any valuation to clarify your asset value, e.g., whether your land benefits from any grazing licences, for you or for a tenant you grant the licence to. Another example is whether the land has any water or utility supplies connected to it, as that too, would be an invaluable piece of information to have at your fingertips.
Developmental value
Protecting the land’s potential value is also key when analysing land. If you have applied for planning permission and have sufficient pipes and utilities on the land for potential development, this can enhance the market value of your property. On the other hand, access issues to the land can diminish its value, so in this instance, it would be important to look at adding a driveway.
What we can help you with
Whether you need assistance with asset planning and registering land with HM Land Registry, or looking to transfer land to a spouse, siblings, or children in an effort to future-proof your estate, we can assist with preparing and reviewing documentation, be it a first registration or transfer deed.
If you are looking to sell the land, additional documentation may be required such as a contract and Commercial Property Standard Enquiries or Agricultural and Rural Standard Enquiries, which provide information to the buyer on the land itself, such as its use, utilities, and planning. Again, having the right legal advice in completing these is an essential step in ensuring the process goes smoothly.
DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.