Agricultural Law.

Agricultural law covers the legal issues affecting farmers, rural landowners, tenants, estates and businesses operating in the countryside. It combines property, commercial, environmental, employment and succession law, often requiring specialist knowledge of farming practices and rural property. An agricultural law solicitor can advise on the sale, purchase, leasing and management of farms, agricultural land, woodland and rural estates. This may include complicated rights and interests affecting the property, such as access rights, easements, sporting rights, mineral rights, grazing arrangements, restrictive covenants and boundary disputes.

Agricultural Tenancies

Agricultural tenancy law can be particularly complex. Different rules may apply depending on when the tenancy was created and whether it is governed by the Agricultural Holdings Act 1986 or by the Agricultural Tenancies Act 1995. Agricultural solicitors can advise landlords and tenants on:

• Creating and renewing farm tenancies;
• Rent reviews and tenancy variations;
• Repairing obligations and improvements;
• Notices to quit and recovering possession;
• Succession following death or retirement;
• Compensation at the end of a tenancy; and
• Arbitration and other tenancy disputes.

Older agricultural tenancies may provide considerable security and, in some cases, statutory succession rights. Farm Business Tenancies are generally more flexible but must still be carefully drafted to protect both parties.

Farm and Rural Business Advice

Running a farm involves many of the same legal issues as any other business, together with regulations specific to agriculture and land management. An agricultural solicitor may be able to assist with:

• Partnership and shareholder agreements;
• Farming companies and family businesses;
• Contract farming and share-farming arrangements;
• Supply, machinery and distribution contracts;
• Joint ventures, mergers and business restructuring;
• Borrowing, refinancing and agricultural security;
• Employment contracts and seasonal workers; and
• Commercial and partnership disputes.

Advice at an early stage can help to establish who owns the business, land, livestock and machinery and what should happen if a partner retires, dies or wishes to leave.

Succession, Wills and Tax Planning

Succession planning is especially important for farming families, as the farm may represent both the family home and the principal business asset. Agricultural law specialists can work alongside tax advisers and accountants to advise on wills, trusts, partnerships, lifetime gifts and the transfer of a farm to the next generation. They may also advise on Agricultural Property Relief, Business Property Relief, Capital Gains Tax and the tax consequences of selling or restructuring the business. Because agricultural tenancy and ownership arrangements can affect the availability of tax relief, advice should normally be taken before land, shares or business assets are transferred.

Planning and Environmental Matters

Farmers and rural landowners may require advice on planning permission, agricultural buildings, diversification projects, renewable energy developments and changes in the use of land or buildings. Agricultural solicitors may also advise on environmental obligations, pollution, watercourses, waste management, protected habitats, animal welfare and participation in environmental land-management schemes. The rules applying to farmers and land managers cover the protection of people, livestock and the environment and can vary between England, Wales, Scotland and Northern Ireland.

Employment and Health and Safety

Agricultural businesses must comply with employment law and health and safety requirements, whether workers are permanent, seasonal, casual or self-employed. Legal advice may be required regarding employment contracts, accommodation, wages, disciplinary matters, dismissals, workplace accidents, and the use of contractors. Farming presents particular safety risks involving livestock, machinery, vehicles, chemicals and working at height, making proper risk management essential.

Finding the Right Agricultural Solicitor

Agricultural law is a wide-ranging specialist area, and not every firm will deal with every type of farming or rural dispute. We recommend contacting several firms to confirm that they have experience relevant to your particular matter. Ask whether the solicitor regularly acts for farmers, landowners or agricultural tenants, whether they understand the type of farming business involved and how their fees will be calculated. It may also be helpful to choose a firm that can provide related advice on property, planning, tax, employment and succession matters. To find an Agricultural Law Solicitor, use the search facility at the top of the page and select Agricultural Law as the relevant area of law.