This is a very specialised area of law and there can be important adverse consequences if you get it wrong. As more agricultural/green belt areas are being developed, it is vital that the client receives the correct advice, e.g. when it comes to terminating any agricultural tenancy.
We have considerable experience in this area of law, because of our long standing involvement with landed and private estates. There can be complex issues as to compensation, and rights of security and knowing when it is best to serve which notice on an agricultural tenant. Our landowner clients are often dealing with a prospective developer. Also, as any agricultural tenants may have temporary/continuing rights of access to the land, to harvest their crop, this can delay the intended development project if not covered correctly in any agreement.
We tend to act mainly for the landlord, which involves preliminary advice, drafting notices to quit and compensation and surrender agreements. It is always important to consider all the tax consequences for the parties. We therefore work very closely with Dawsons' tax department. Granting what appears to be a simple easement, for example, can have serious tax consequences, if all the facts are not taken into account.
The development of more agricultural land means that a greater awareness is needed of the environmental issues that can arise, e.g. historic contamination, water table issues and suitable ground conditions. If these issues are not addressed at the beginning, clients can waste a lot of time and money later.
We are also experienced in a wide range of other issues which affect rural land such as sporting rights and matrimonial issues.
At Dawsons we pride ourselves on being recognised as being experts in the field of UK agricultural law.