Agricultural and Farming Lawyers in the heart of Lanarkshire
Davidson & Shirley – Leaders in the Field
We have a wealth of experience and expertise in dealing with all aspects of agricultural and related legal issues. These include:
- Buying and selling farms
- Agricultural leases
- Land and boundary disputes
- Farmhouse developments
- Contractual disputes
- Environmental aspects
- Quotas, grants and subsidies
Buying or Selling Farms in Scotland
Like many business transactions, there are property aspects to be considered when purchasing a farm. Even if you are only purchasing additional land, we have the expertise to assist. We also advise on loans and mortgages secured over your farm.
As in any other property transaction, the party buying the land or farm will instruct their solicitor to make an offer to the seller. The seller will either accept the offer outright, or return with what is known as a ‘qualified acceptance’. Normally, this begins a process of back and forth between both parties, at the end of which a binding contract is formed. At this stage, the seller’s solicitor will draw up a document known as a ‘disposition’ which outlines the exact extent of the property (i.e. the farmland) and legally transfers the title to the buyer. Once the buyer has paid the price, the keys are handed over and the farm is the property of the buyer.
When you purchase the farm, you may also be purchasing a business and assets, as well as the land. If this is the case, the price is likely to be higher than that which you would pay for the land alone.
Most farming business sales and purchases include the following items:
- Plant and machinery.
- Livestock and other stock.
- Subsidies and/or entitlements.
- ‘Goodwill’ – this is the value of the businesses reputation. If you are buying a business it will usually have a customer base, suppliers in place and other associated relationships. The value of these elements will be included in the purchase price.
- If subsidies form part of the deal, there may be obligations you are legally bound to comply with.
This is why it is important to take expert legal advice from a farming lawyer. We will make sure you are fully informed, from start to finish.
Leasing Agricultural Land in Scotland
If you are leasing agricultural land, there are certain things to be taken into account, which differ from other types of lease. If you are unsure whether or not your land meets the legal requirements to be deemed ‘agricultural’ then get in touch with us today.
The law relating to agricultural leases in Scotland is contained in two acts: The Agricultural Holdings (Scotland) Acts 1991 and 2003. We can advise on all aspects of agricultural tenancies including:
- rent reviews;
- way-going claims;
- limited partnership leases;
- short limited duration tenancies;
- limited duration tenancies;
- contract or share farming agreements;
- grazing agreements;
- resumption of land from a tenancy;
- landlord and tenant disputes; and
- renewable energy leases.
Occasionally, farmers need to use their land for another purpose. We advise on the legalities of:
- renewable energy projects, including wind farms (wind turbines);
- energy projects including laying of cables and pipe-lines, construction of sub-stations and so on; and
- telecoms masts.
For landowners and farmers looking to put land or property up for security against a loan, we can assist. Our expert agricultural law solicitors will explain all the terms and conditions of the security before it is signed, such as what happens if there is a default event, ensuring you are fully informed and aware of the consequences. We can also help clients change the terms of the security via a deed of variation. We also provide assistance with the discharge of a security, ensuring the title deeds are accurately registered as being mortgage free.
Land and Boundary Disputes
We also advise on land disputes and disputes relating to agricultural land including:
- land and boundary disputes;
- disputes relating to sale of land and other assets;
- leasing and tenancy disputes;
- disputes over Wills relating to farmland or farming businesses; and
- issues with trespassing.
For farmers looking to develop their farmyard or farmhouse in Scotland, once you have permission to develop, our farming development lawyers can help ensure all relevant legal services and advice tailored to your requirements are provided. For instance, if you wish to continue to live on your farm, but develop other parts of the land or buildings without anything or anyone interfering with your privacy, we can assist. We also advise on single farm supplements and milk supplements.
Contact our Expert Farming and Agricultural Lawyers in Lanark, Carluke & Wishaw, Scotland
We regularly advise our rural clients on a wide variety of agricultural and farming issues. Our specialist knowledge comes from our many years of serving not only our current clients but the generations before them. If you require any advice regarding your agricultural business or property in Lanarkshire, Glasgow, Ayrshire or elsewhere in Scotland then contact us today on 01555 662576 or complete our online enquiry form.