Farm & Land Sales & Purchases

From high value sales and purchases of entire farms to transactions involving individual fields or readjustment of boundaries, we have a wealth of experience.

Land value growth and favourable tax breaks make agricultural land a lucrative opportunity for many purchasers and investors. At Chattertons, we’ve developed an enviable reputation for our experience assisting clients in agricultural law matters.

We can provide advice on farm and farmland transactions. We also look after ancillary matters such as, agricultural tenancy matters, tenant rights and dilapidations, and any holdover, overage or clawback provisions.

Agricultural sales and purchases is a specialist area of law, requiring a solicitor with an in-depth knowledge of the market and the unique challenges and opportunities which can arise in the process. We have the relevant expertise to make your experience as smooth and straightforward as possible.

Get in touch with our agricultural law solicitors today by giving us a call. We have local branches in Boston, Grantham, Horncastle, Lincoln, Newark, Sleaford, Spalding, and Stamford. Alternatively, please complete our online enquiry form and a member of our team will be in touch in due course.

How our agricultural solicitors can help you

Whether you’re selling an estate or piece of farmland, or purchasing or investing in agricultural land, our team of expert solicitors are on hand to advise and guide you through the process.

Rural property transactions are complex and very often time-sensitive. We’ll act swiftly from the moment you instruct us to avoid any unnecessary delays, addressing each stage of the transaction with meticulous attention to detail to ensure there’s no scope for issues to arise further down the line.

Our expertise includes:

• Buying and selling farms
• Agricultural tenancies – Farm Business Tenancies and Agricultural Holdings Act
• Easements and rights of way
• Tenant rights and dilapidations
• Holdover, overage and clawback provisions

Buying and selling farms

Farmland can be bought or sold by way of a straightforward transaction funded by cash, a mortgage, or another form of finance. It’s also common for land to form part of the assets of a company and investment could involve buying or selling shares. In all cases, it’s vital for the buyer to undergo sufficient due diligence.

We can provide advice throughout the entire property transaction, including purchases and sales conducted via auction or formal tender. We will provide support and guidance through pre-contract negotiations, contract drafting and review, and, if purchasing property, we will assist in conducting extensive due diligence.

Agricultural tenancies

We can provide advice on letting agricultural land and navigating the complex area of agricultural landlord and tenant law.

Our expertise includes Farm Business Tenancies under the Agricultural Tenancies Act 1995, tenancies under the Agricultural Holdings Act 1986, residential tenancies on farming land, commercial tenancies, and licences to occupy.

Easements and rights of way

Parcels of agricultural land are unique in that they often sit far from public highways. Therefore, when purchasing farmland, it’s important to consider access, including using routes through land owned by neighbours. Farmland may also include public rights of way so owners should fully understand the full extent of these land burdens.

We can provide extensive advice about acquiring and granting a right of way or easement, as well as other means of acquiring a right, including continuous use (for a period of 20 years) or easement by necessity.

Tenant rights and dilapidations

We can provide advice to agricultural landlords and tenants on their rights and responsibilities, including rent reviews, improvements and fixtures, dilapidation schedules, and landlord dilapidation claims.

Overage and clawback provisions

We can advise buyers and sellers in relation to overage and clawback agreements within agricultural property transactions. These agreements allow the seller to obtain some profit from an uplift in value of the land or property sometime in the future. A specified event will generally trigger payment to the seller, such as the grant of planning permission.

Despite becoming common in agricultural transactions over recent years, there are a number of important considerations buyers and sellers should take into account when entering into an overage or clawback agreement. For example, such provisions have complicated tax implications for buyers and sellers.

For buyers, further Stamp Duty Land Tax will fall due if the payments are triggered. This means upon completion of the purchase Stamp Duty will be calculated according to the estimated enhanced value (unless HMRC agrees to defer payment).

The seller, depending on the nature of the agreement and the payment trigger, could become liable for Income Tax upon receiving further payments in addition to paying Capital Gains Tax on the initial sale.

Why choose Chattertons?

Chattertons is a leading firm of solicitors which provides legal and wealth management services to individuals and businesses across Lincolnshire and the East Midlands.

We are unique in that we can offer you specialist independent financial advice alongside all our legal services.

We’re proud to nurture strong links with our local communities and our priority is to deliver a high quality service tailored specifically to suit your individual needs.

Agricultural law is a complex practice area, however, with our decades of expertise and absolute dedication to fulfilling our clients’ goals, we can achieve a positive result efficiently and cost-effectively.

Contact our agricultural law solicitors today

Get in touch with our agricultural law solicitors today by giving us a call. We have local branches in Boston, Grantham, Horncastle, Lincoln, Newark, Sleaford, Spalding, and Stamford. Alternatively, please complete our online enquiry form and a member of our team will be in touch in due course.