Buying Farmland

Buying a livelihood


Buying land and commercial property has some of the same stages as you would find when buying residential or commercial property but obviously, often this has a livelihood at stake rather than just being a place to live.

Viewing

As we all know from buying online, reality can sometimes be rather different from the impression gained via a website!  It’s therefore advisable to visit the site and carry out a physical inspection of the property.  This includes checking the quality of the land, inspecting and checking the boundaries and looking out for signs of any adverse matters which may not be apparent from the legal documents. Due to the often extensive nature of farmland, it is advisable to employ a professional such as a surveyor or land agent to carry out this inspection with you or on your behalf (as they will be experienced in what to look out for and warning signs). If you then decide to proceed, you will need to instruct a solicitor to carry out the relevant searches and title checks as part of the process of taking the transaction through to completion.

Heads of Terms

These are a summary of the most important and fundamental points of the transaction, the potential ‘deal breakers’ which are agreed before progressing onto the nitty gritty. They are not usually legally binding and are subject to contract. They are agreed with the seller and must be passed on to your solicitor so that they can see on what basis you are buying the land.  Price, tenure of the sale ( leasehold or freehold), the extent of the land any tenancy or other agreements which you might be taking on and any other special conditions agreed as part of the sale  would all be covered in the Heads of Terms.

Land Registry Checks

Your solicitor will contact the Land Registry to find out whether the land is registered or not, who owns the title and whether there are any issues connected to it which you need to be aware of such as rights of way, covenants, permissions for use or charges applicable to it.

Raising Enquiries

The seller’s solicitor will be asked by your solicitor to provide answers to a standard list of enquiries relating to the purchase of agricultural land.  Examples of these enquiries include details of:

  • Boundaries
  • Maintenance agreements
  • Insurance
  • Disputes
  • Access
  • Rights such as sporting rights and rights of way
  • Drainage
  • Phone masts & pylons etc.

Searches

These would be done to investigate and confirm the value and condition of the land and long with any concerns regarding its use.  Typical searches would include:

  • Mining
  • Flooding
  • Drainage
  • Local Authority (this provides details of planning consents & public rights of way)

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Buying Farmland Selling Farmland Court of Protection Farming Inheritance Disputes Agricultural Commercial Property Agricultural Partnership Agreements

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