Welcome to our first Agriculture and Estates e-alert.

We will be producing two e-alerts each year giving you regular up to date information on matters affecting the agricultural and estates sector. Our first issue provides guidance on farm sales, an update on the most recent case law relating to divorce, an update on boundary issues and an article regarding agricultural tenancies. If you have any comments about any of the articles appearing in the e-alert, or would like to let us know what you would like to see included in future issues, please contact me.

Andrew Wiltshire
Editor

Increased Flexibility of Agricultural Tenancies

Agricultural tenancies have been an essential part of rural life for centuries. These tenancies have been regulated by the Agricultural Holdings Act 1986, and more latterly, the Agricultural Tenancies Act 1995. The changes made in 1995 were aimed at bringing more agricultural land onto the market to rent and were largely successful. However, with increasing challenges being faced by the farming sector, diversification has become an essential factor and further changes have been introduced to facilitate this. Learn more.

Where is your boundary?

Many farms and estates are going through the process of voluntary registration resulting in the issue of a plan by the Land Registry showing the registered land edged red. Many people assume that such a plan is a definitive determination of the boundary. This is not necessarily the case. Learn more.

Charman –v- Charman – good news or bad news?

The divorce case of multi-millionaire John Charman, one of the richest men in the City, has attracted much media interest and with good reason. John and Beverley Charman had a 27 year marriage and about £131 million worth of assets, of which £68 million were invested in an offshore trust in Bermuda. Their divorce is the biggest English divorce settlement ever awarded following contested Court proceedings which resulted in Mrs Charman walking away with £48 million or 36% of the total assets, including those invested in the offshore trust. But what was the detail behind the ruling? Learn more.

Is your farm sale on ‘schedule’?

Keeping your farm sale on schedule and managing it competently is an effective way of keeping costs and stress levels down. Many farm sales are agreed on the basis of exchange of contracts as soon as possible or within 7 days. The expression "as soon as possible" is uncertain and roughly translates into the well-known legal expression "when the buyer’s solicitor gets back from holiday". However, there is a route around these delays. Preparing a comprehensive seller’s pack with a realistic timetable that is S.M.A.R.T. - Specific, Manageable, Achievable, Realistic and Timed – can help. Learn more.