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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Rights of farmers where no tenancy agreement or grazing agreement was in place
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<blockquote data-quote="ISCO" data-source="post: 7422220" data-attributes="member: 5662"><p>Best advice is buy with vacant possession. Let seller sort out.</p><p>There are 3 possible problems to look for:</p><p>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.</p><p>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.</p><p>3. As [USER=166]@Brisel[/USER] 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.</p><p></p><p>Your solicitor should sort it out.</p></blockquote><p></p>
[QUOTE="ISCO, post: 7422220, member: 5662"] 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 [USER=166]@Brisel[/USER] 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. [/QUOTE]
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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Rights of farmers where no tenancy agreement or grazing agreement was in place
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