Rights of farmers where no tenancy agreement or grazing agreement was in place

Elemental

Member
Horticulture
I am in the process of buying land where there has been a long-term grazer, but never a formal agreement. I also believe that no money was transferred but the grazer did odd and I frequent jobs. I would like to shift the chap on, does anyone have experience of dealing with this type of situation?
 

ISCO

Member
Location
North East
Best advice is buy with vacant possession. Let seller sort out.
There are 3 possible problems to look for:
1. If occupation commenced pre 1996 he may claim AHA lifetime tenancy. If pre early eighties could even claim succession. If tenant assigns to limited company then you will never get vacant possession.
2. If after 96 would be FBT which can be ended on the appropriate notice. As over 2 years I think it is a years notice expiring on term commencement date.
3. As @Brisel says squatters rights. If he has been there 10 years on registered land or 12 unregistered without permission then could claim title by adverse possession.

Your solicitor should sort it out.
 

Nearly

Member
Location
North of York
Best advice is buy with vacant possession. Let seller sort out.
There are 3 possible problems to look for:
1. If occupation commenced pre 1996 he may claim AHA lifetime tenancy. If pre early eighties could even claim succession. If tenant assigns to limited company then you will never get vacant possession.
2. If after 96 would be FBT which can be ended on the appropriate notice. As over 2 years I think it is a years notice expiring on term commencement date.
3. As @Brisel says squatters rights. If he has been there 10 years on registered land or 12 unregistered without permission then could claim title by adverse possession.

THEIR solicitor should sort it out.
Their solictor.
 

flowerpot

Member
Yes, yes and yes. Similar situation around here where a chap had used a paddock for years, for a couple of cattle, to keep the grass down if anything.

House and paddock went up for sale, the grazier claimed he had a tenancy as he had been there for so long. I think in the end the vendor had to pay him a substantial sum for him to move out.

But it is the vendor's problem, don't buy until he has gone.
 

Smith31

Member
Yes, yes and yes. Similar situation around here where a chap had used a paddock for years, for a couple of cattle, to keep the grass down if anything.

House and paddock went up for sale, the grazier claimed he had a tenancy as he had been there for so long. I think in the end the vendor had to pay him a substantial sum for him to move out.

But it is the vendor's problem, don't buy until he has gone.
What a horrible thing to do, hope karma hits him strong
 

chipchap

Member
Location
South Shropshire
Some people are very greedy and very underhand, especially where property is concerned.

what ever happened to English gentlemanly conduct.

Dont buy yourself problems and grief. Make sure the vendor does the work.

People often try to work flankers where somebody who has trusted them and treated them well in the past dies, and they deal with somebody new. All of a sudden unwritten agreements are forgotten.

Get everything documented properly.
 

ISCO

Member
Location
North East
Yes, yes and yes. Similar situation around here where a chap had used a paddock for years, for a couple of cattle, to keep the grass down if anything.

House and paddock went up for sale, the grazier claimed he had a tenancy as he had been there for so long. I think in the end the vendor had to pay him a substantial sum for him to move out.

But it is the vendor's problem, don't buy until he has gone.
Yes, not everyone plays by the Queensberry rules. There are some who will exploit any situation to their own advantage.
 

Elemental

Member
Horticulture
Best advice is buy with vacant possession. Let seller sort out.
There are 3 possible problems to look for:
1. If occupation commenced pre 1996 he may claim AHA lifetime tenancy. If pre early eighties could even claim succession. If tenant assigns to limited company then you will never get vacant possession.
2. If after 96 would be FBT which can be ended on the appropriate notice. As over 2 years I think it is a years notice expiring on term commencement date.
3. As @Brisel says squatters rights. If he has been there 10 years on registered land or 12 unregistered without permission then could claim title by adverse possession.

Your solicitor should sort it out.
Great advice , thank you
 

Elemental

Member
Horticulture
Thanks everyone for taking the time to reply. It's a very complicated situation. The house and ground borders my farmland (no longer have a house on site as it was sold off years ago) so I'm pretty keen on buying the property so I can be close to the family farm. The elderly owner is not well and I suspect that the farmer who has been 'helping' her all these years is ready to exploit the situation once she tries to sell. I guess he'll end up having to be paid off in the end
 

In conversation with a soil health pioneer

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In conversation with a soil health pioneer

Written by Janet Hughes



https://www.buzzsprout.com/1657363/8311877-janet-hughes-and-gabe-brown-the-six-principles-of-soil-health.mp3

In this month's Future Farming podcast, Janet Hughes talks to Gabe Brown.

Gabe has been named one of the twenty-five most influential agricultural leaders in the United States. He farms at...
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