- Location
- Huntingdon
Could anyone shed any light on this? If the land is in HLS can I sell it and simply pay back the money I have drawn off it? Or does the agreement get transferred?
C B
C B
Selling/buying land in HLS
- Thread starter crazy_bull
- Start date
You can do both.
Goweresque
Member
- Location
- North Wilts
I think the owner has to get you to sign a contract to take over the agreement on the same terms as he currently has. If you then wish to withdraw from the agreement (if the agreement allows for that) and repay any monies paid on it you can - of course that would include all the money the previous owner had received, not just anything you'd got since purchasing it.
Copied from ELS 2010 handbook (HLS Handbook refers you too ELS handbook for guidance):
1.4.2 What if I let, sell or transfer my land to another party?
Please notify Natural England as early as possible in advance of any change in occupancy or ownership
(including sale, transfer, inheritance or lease) of all or any part of your agreement land. If advance
notification is not possible, you must inform Natural England within 3 months of the land being
transferred. If you do not, you will be in breach of your agreement and you are likely to have to repay the
grant you have received, unless force majeure or other exceptional circumstances apply (see Section 1.4.8).
You must tell the prospective owner or occupier about your agreement before you transfer any existing
agreement land. If the new owner or occupier does not continue with the agreement on the transferred
land, and/or Natural England does not receive their new application within 4 months of the actual date
of transfer, you, not the new owner or occupier, will be in breach of your agreement and you are likely to
have to repay all or a part of the grant you have received.
If you transfer all of your agreement land, you must contact Natural England in writing to confi rm
the lease, sale or transfer, identifying the new owner or occupier. As indicated above, your whole
agreement must be transferred to the new owner or occupier and either continue to its original expiry
date or be restarted as a new agreement.
If you transfer part of your agreement land, you should contact Natural England and ask us to send you
a Land Transfer and Amendment request form (ERDP/LTA1). You will then have to complete and return
the form no later than 3 months after the commencement date of lease, the completion date of sale or
the actual date of transfer, to amend your agreement.
You will be expected to continue with your existing options on the land that you have retained in your
amended agreement. Where necessary, you may need to add further options to meet your revised
points target. The amended agreement will run for the remaining term of the original agreement.
Alternatively, you may choose to start a new agreement (including any other eligible land that you have),
provided that you meet the scheme rules at that time.
If, following a partial transfer, your remaining land will no longer meet the ELS entry criteria (for
example, if you do not add sufficient options to meet your revised points target), the agreement may
need to be closed early. In this case, unless force majeure or other exceptional circumstances apply (see
Section 1.4.8), you will be in breach of your agreement, and you are likely to have to repay all or a part of
the grant you have received.
1.4.2 What if I let, sell or transfer my land to another party?
Please notify Natural England as early as possible in advance of any change in occupancy or ownership
(including sale, transfer, inheritance or lease) of all or any part of your agreement land. If advance
notification is not possible, you must inform Natural England within 3 months of the land being
transferred. If you do not, you will be in breach of your agreement and you are likely to have to repay the
grant you have received, unless force majeure or other exceptional circumstances apply (see Section 1.4.8).
You must tell the prospective owner or occupier about your agreement before you transfer any existing
agreement land. If the new owner or occupier does not continue with the agreement on the transferred
land, and/or Natural England does not receive their new application within 4 months of the actual date
of transfer, you, not the new owner or occupier, will be in breach of your agreement and you are likely to
have to repay all or a part of the grant you have received.
If you transfer all of your agreement land, you must contact Natural England in writing to confi rm
the lease, sale or transfer, identifying the new owner or occupier. As indicated above, your whole
agreement must be transferred to the new owner or occupier and either continue to its original expiry
date or be restarted as a new agreement.
If you transfer part of your agreement land, you should contact Natural England and ask us to send you
a Land Transfer and Amendment request form (ERDP/LTA1). You will then have to complete and return
the form no later than 3 months after the commencement date of lease, the completion date of sale or
the actual date of transfer, to amend your agreement.
You will be expected to continue with your existing options on the land that you have retained in your
amended agreement. Where necessary, you may need to add further options to meet your revised
points target. The amended agreement will run for the remaining term of the original agreement.
Alternatively, you may choose to start a new agreement (including any other eligible land that you have),
provided that you meet the scheme rules at that time.
If, following a partial transfer, your remaining land will no longer meet the ELS entry criteria (for
example, if you do not add sufficient options to meet your revised points target), the agreement may
need to be closed early. In this case, unless force majeure or other exceptional circumstances apply (see
Section 1.4.8), you will be in breach of your agreement, and you are likely to have to repay all or a part of
the grant you have received.
- Location
- Huntingdon
Thank you very much