Agriculture Solicitors

Agricultural conveyancing is more complex than standard property deals. You must consider rights of way, easements, environmental constraints or scheme payments, restrictive covenants, overage clauses and more. We perform detailed due diligence, negotiate terms, and ensure a successful outcome. 

Agricultural land in England and Wales is graded from 1 to 5 based on its quality and versatility for food production, with Grade 1 being the best and Grade 5 the poorest. This classification can have a direct impact on whether land is likely to be approved for development. Planning authorities are generally reluctant to allow non-agricultural development on high-quality farmland, meaning Grade 1, 2 and 3a land is usually protected. Lower-grade land, such as 3b, 4 and 5, may offer greater potential for diversification or development, subject to local planning policy and infrastructure considerations.

Owning poor quality land may limit agricultural production but can provide opportunities for diversification such as using the land for biodiversity or a renewable project.

Farming families benefit from specific reliefs designed to help preserve agricultural assets for future generations. Agricultural Property Relief (APR) can reduce the taxable value of qualifying land and buildings, provided certain conditions are met. Business Property Relief (BPR) may also apply to parts of a diversified farm business. Succession planning, wills and trust structures can be used to ensure that reliefs are fully utilised and family assets are passed on efficiently. Specialist advice is key to protecting the long-term future of the farm.

Subject to exceptions, tenancies of agricultural land will fall under the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995. It is imperative to identify which tenancy is relevant given those under the 1986 Act offer strong statutory protection, including long-term security of tenure and succession rights. It is also essential that any occupation is formalised by way of a written tenancy agreement to avoid any inadvertent grant of unintended security of tenure or allowing the tenant to assign their tenancy to a third party.