Expert Legal Advice

Providing expert legal advice on all aspects of Land Ownership, Agricultural and Property Law

Our Services • Purchase & Sale of Farms

Leyshon WS Solicitors

Sales & Pre-marketing
  • Pre-marketing liaising with the seller and land surveyor concerning relationship between legal boundaries of the farm and physical boundaries measured by fences and dykes.
  • Checking IACS FIS plan against the title deeds and any tenancy agreements.
  • Checking any grazing lets or licences to occupy land or any buildings thereon.
  • Looking at the Register of Community Interests in Land to check if any community body or tenant ‘right to buy’ notices have been registered against any part of the land.
  • Checking whether any third party has access rights or rights to water or drainage on or through any part of the land.
  • Consideration of the importance of any agri-environmental schemes and whether or not basic area payments are being sold with the farm.
  • Checking if commercial or amenity woodland forms part of the sale.
  • Considering if timber harvesting contracts affect the sale.
  • Checking if there is planning permission for timber extraction routes.
  • Consideration of whether or not any radio mast sites, wind farm or hydro-electric schemes affect or may affect the land.
  • Checking with the seller if there are any employee rights to tied house accommodation.
  • Checking whether or not other residential tenancies are secure tenancies.
  • Review of all planning and building control issues and the status of adjacent roads and footpaths.
  • Checking for the existence of rights of way and local authority core paths.

Completing Contract of Sale & Settlement
  • Negotiation and conclusion of contract for sale.
  • Ordering status reports from the local authority and other governmental agencies.
  • Drafting and/or revision of the disposition (Title Deed) in favour of the purchaser and consideration of whether or not property rights need to be reserved in favour of the seller for any retained land.
  • Arranging for the discharge of any relevant securities from banks and other lenders, and all matters pertaining to settlement.

Purchases

Much of the pre-marketing work considered above in relation to farm sales will also be looked at when acting as lawyer for the purchaser. Negotiation and completion of a contract of purchase and all conveyancing formalities are similar to above for farm sales. In relation to purchases, the title deeds are checked with care. There may be liaison with the purchaser’s land agent concerning land values and there may be bank documentation to complete to secure a loan over the farm to finance the purchase. There is also a requirement for completion of a Land Maintenance Form which will be sent to Scottish Governement on completion of the purchase. There may need to be completion of transfer documentation in relation to woodland grant schemes and other agri-environmental schemes.