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?
Rights of farmers where no tenancy agreement or grazing agreement was in place
- Thread starter Elemental
- Start date
Nearly
Member
- Location
- North of York
Only buy when freehold and vacant posession. Get the vendor to do the work.
This. Take professional advice, not internet advice. The grazier will have an implied tenancy at the very least. Squatter's rights? I'm not qualified to comment.
Last edited:
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.
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
Their solictor.
Be afraid. Be very afraid.
ISCO
Member
- Location
- North East
Your solicitor sorts for you by insisting their solicitor sort it out with their client.
Goweresque
Member
- Location
- North Wilts
Don't buy anything unless it has guaranteed vacant possession. Its up to the vendor to arrange that, if he can't, then walk away. Regardless of what you've spent on solicitors so far in the purchase process, it'll be cheaper and easier in the long run.
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.
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
- 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.
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, not everyone plays by the Queensberry rules. There are some who will exploit any situation to their own advantage.
Great advice , thank you
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
glasshouse
Member
- Location
- lothians
Its more horrible to be evicted
Thats why tenants used to have rights
This one is getting land for free, probably the deeds too... What about the rights of the seller who was trying to help out by giving them some grazing?
glasshouse
Member
- Location
- lothians
What about the grazier who has kept it tidy and stopped it going to wilderness?
serf
Member
- Location
- warwickshire
Thought the solicitor would have made sure it is vacant before he lets you sign anything 
yellow belly
Member
- Location
- south west lincolnshire
He is only a grazier and has had it rent free so done well already
glasshouse
Member
- Location
- lothians
It was maybe worth nothing in the first place.
I frequently am asked to put sheep into fields to tidy them up
After a few yrs lo and behold someone else likes the look of them and offers rent