Agriculture & Rural

If you own any agricultural property, either freehold and tenanted, we will work as your trusted advisers and liaise closely with local and national land agents, experienced in agricultural matters, to give you detailed advice tailored specifically to your needs.

It is important that you take advice before entering into any new tenancies to ensure that the appropriate provisions are incorporated. When your tenancy ends, you may be entitled to compensation and there may be tax implications.

We can advise you on the granting of new tenancies, the surrendering of tenancies and any replacement tenancies. At your request, we will work closely with your accountant and land agent to ensure that the best solution is obtained for you.

If you own land, property, or a business, you should have an effective succession plan in place, whether this is through a Will, partnership Agreement, trusts or a combination of all these. Traditionally, farms are passed down through successive generations, but it is crucially important that your property and business assets are inherited according to your wishes so that you can preserve them for the next generation.

The issues involved are complex and costly, and lengthy disputes can easily be avoided when expert legal advice is taken. We can advise you on capital gains tax, inheritance tax and the appropriate reliefs that may apply.

We can advise on the availability of agricultural and business property reliefs, steps you can take to maximise reliefs, and how you can make best use of the reliefs available to you when you die.

We can draw up an effective Will and, where necessary, create a trust. Even where you have succession plans in place, you should regularly review your affairs. Your Will also needs to accurately identify the agricultural and business assets you own. We can ensure that you leave such assets to the correct beneficiaries of your estate.

We can also help you to effectively structure your business in order to take full advantage of the tax reliefs and allowances available at any given time. We can advise and prepare Partnership Agreements for you that “dovetail” with your Will and discuss how you can make provision for the non-farming members of your family.

We can prepare Powers of Attorney to make sure that your family can continue to manage your affairs even when you have lost capacity. Farms like any other business need to have contingency plans in place for these unforeseen events.

If you are considering participating in a renewable energy scheme, such as a wind or solar farm, you should obtain professional advice as soon as possible and certainly before you enter into any form of agreement.

Our expansive rural team will guide you through the process so that you can achieve a suitable deal as well as advising you on related planning issues, and the potential environmental and ecological impact of your wind farm (including offshore wind turbines).

Disputes in connection with agricultural land can involve:

• Property-related disputes: for example, boundaries, rights of way, trespassers, or undisclosed tenancies
• Planning and environmental disputes: for example, pollution, statutory nuisance and construction matters
• Employment disputes: between employers and employees whether on farms or in other agricultural businesses
• Contractual disputes: including disagreements with suppliers, customers, land users or utility providers
• Partnership disputes: which, if unresolved can cause material disruption and potentially lead to the dissolution of a farming partnership
• Estate disputes following the death of a farmer or other landowner relating to the division of assets and the ongoing management of the land

Read more on rural litigation here.

Other common areas of dispute include matters under the Agricultural Holdings Act 1986 (for example notices to quit, rent review, and repairs and dilapidations); and under the Agricultural Tenancies Act 1995 (breaches of covenant, insolvency and forfeiture).

If you are considering taking legal action or are defending a claim against you, we can work in your best interests to avoid going to court by alternative methods of dispute resolution such as mediation. If litigation becomes unavoidable, we will work with you to produce the best possible outcome in court for you and your business.

Divorce can be a complex enough process at the best of times, but when set in a farming context, dealing with the complexities can be even more challenging.

The changes to the law have provided a useful reminder of just how important it is for farming families to do as much planning in advance as possible for managing future situations which, while no-one wants to think about them at the beginning of a marriage, will be far easier to deal with if they do arise.

We regularly deal with cases where, due to the lack of up-to-date partnership agreements, ownership documentation and shareholder agreements, the assets of parents and even grandparents can come into unwelcome focus within divorce cases.

If you need advice on this, or any other family matters, please get in touch with Hay & Kilner to speak to our Divorce & Family Lawyers in Newcastle.

We understand the complexities of agricultural land and farming or related rural activities. Our regulatory & compliance specialists have extensive experience in guiding clients involved in this sector and are here to help should you face a regulatory investigation.

We have assisted clients, and can assist you, with any investigations and prosecutions by:

• The Environment Agency
• The Health & Safety Executive
• The Rural Payments Agency
• The Department for Environment, Food & Rural Affairs
• The RSPCA
• Trading Standards
• Police

Hay & Kilner's team know that leisure pursuits are very much part and parcel of rural life but it is crucial that you, as a landowner or a tenant, know the extent of your rights and obligations.

We can advise on rights which exist over your land, how they can be protected and how to enforce them.