Agricultural Law

AWB Charlesworth Solicitors is based in rural Yorkshire and naturally specialises in Agricultural Law.

We are able to offer full legal support covering all the aspects facing farmers and landowners today. From tax and succession planning through to sales, purchases and tenancies of agricultural land, we are able to advise you.

We are experienced in working for clients with small- holdings, large farms, tenanted farms, country estates and other rural businesses.

We are well connected to a wide range of other professionals who have specific experience in agricultural matters, who we are able to work with as necessary to ensure that all your family and business requirements are met.

For advice on how we can help with your agricultural law matters, contact:

Rachel Blandford-Newson

Legal Executive, Property and Agricultural Law

01756 692 882

rachel.blandford-newson@awbclaw.co.uk

Jenny Barron

Solicitor, Private Client

01756 692 866

jenny.barron@awbclaw.co.uk

Review Rachel’s and the teams client testimonials here.

Farm Sales and Purchases

We have a wide range of experience in advising existing and new farmers and landowners in all aspects of property sales and purchases, and are able to advise on the wide range of specialist matters which arise in this regard- such as rights of access, rights of drainage and water supplies, boundary maintenance, sporting rights and transfer of Entitlements.

Agricultural Tenancies

We are able to advise on all forms of agricultural tenancies from Agricultural Holdings Act Tenancies (both succession and lifetime) to Farm Business Tenancies and Licenses for all purposes. It is essential that any occupation is documented to avoid confusion and claims in the future.

Land Registry Registrations

Unlike the majority of property in built up areas, large areas of agricultural land are still unregistered. We have considerable experience in guiding clients through the complicated process of investigating title and submitting applications to the Land Registry to ensure registrations are completed as simply as possible. We are also able to act and advise regarding claims for adverse possession or so-called ‘squatters’ rights.

Succession Planning

Every person who has an interest in a farming business has a succession plan in place. However, all too often the plan is not formalised or discussed which can result in an adverse result from what an intended person intended to happen.

Formalising a succession plan is essential to enable the business to continue in the most effective way. A failure to prepare and take appropriate advice can result in a number of scenarios which may result in the farm having to be sold and the business dissolved.

We understand the need for farming businesses to diversify to enable them to thrive in hard economic times. Our experienced solicitors are able to advise you on the most appropriate business structure to suit your business and your family as circumstances change.

We have specialist tax advisers who will discuss with you what taxes may affect you and your business and offer solutions to ensure that you and your business benefit from the tax reliefs (for instance agricultural property relief) that are available to you.

Looking after your personal affairs is also an important part of any succession plan. It is important that you have an up to date Will clearly identifying how your interest in the business and your other assets should be distributed following your death. A poorly drafted Will or an out of date Will can cause just as many problems as not having a Will at all. In addition it is essential that you put into place a Lasting Power of Attorney to ensure that your farming business and your personal affairs can be looked after, if you should at some point in the future loose mental or physical capacity.

The team at AWB Charlesworth LLP will consider your farming business and your individual circumstances, and will offer you advice tailored to your particular situation.

Farming Partnerships

A formal partnership agreement is essential to ensure that future problems are avoided and to protect your interests in the business.

Many farmers fail to enter into a formal partnership agreement which means that the agreement is dictated by the Partnership Act 1890. This means that under the acts all profits should be shared equally regardless of the amount of input a person puts into the business. So, a farmer who is contributing less than other members is entitled to the same reimbursements.

Under the act a partner cannot retire or be expelled- when a person leaves or dies the partnership ceases to exist and a new partnership needs to be set up- this causes considerable problems. For instance having to register as a new business under the basic payment scheme or applying for a new VAT number.

A well drafted partnership agreement covers all eventualities as well as dictating each partners entitlements in respect of capital and profit and what is expected from all parties. It can be as simple or as complex as circumstances dictate.

We will work with you to prepare agreements to ensure that the agreement reflects your business and family requirements and negates any potential problems.