Leonard Kasler & Company
Buying Agricultural Land
(20 Things to Ask to avoid Problems)
1. Is there a large scale plan of the property agreed by the Seller’s and Buyer’s surveyors annexed to the contract?
2. Are all footpaths, easements and services marked on the plan?
3. Is the ownership of boundaries clearly defined?
4. Is there access to all of the Property for all purposes ?
5. Do other parties have rights of way over the Property?
6. Are there any sites of special scientific interest on the land?
7. Is there an ancient parish church in the vicinity? If so, what is the position regarding corn rents and annuities, and chancel repairs?
8. Has an agricultural credit search been made?
9. Has a commons registration search been made?
10. Are there crop and other quotas which may benefit the Property? Are they transferable?
11. Have any grants or subsidies been received or are they payable in respect of the land? Will the right to harvest crops pass to the Buyer or be retained by the Seller?
12. Will the Seller require access to harvest after completion?
13. Are there, or have there been, any notifiable diseases on the Property?
14. Is water supplied from mains or by way of private spur?
15. Is water supplied from a private source from adjoining property? If so, what are the contractual rights and obligations of the parties?
16. Is the Property subject to agricultural tenancies?
17. What enquiries should be made as to past use of the land bearing in mind environmental legislation?
18. Is discharge from slurry tanks or yard washing sufficiently contaminated to require licence/consent from National Rivers Authority?
19. Is VAT, capital gains tax, inheritance tax, corporation tax applicable to and payable on the transaction? Has the relevant party been advised?
20. Is there a need to reserve in favour of the Seller: Sporting rights?
Mineral rights? Incorporeal hereditaments in respect of the
land?
Michael Breeze
Leoanrd Kasler & Company
Sunday, 13. October 2002