This article provides an overview of factors that you should consider when purchasing or selling farmland in Scotland, and information about how Eden Legal can help you to successfully complete your purchase or sale.
The Eden Legal Approach
Eden Legal offer a unique and personal approach to providing advice on your farm purchase or sale in Scotland. As Scottish solicitors with a wealth of experience in buying and selling farms and farmland, our Land and Rural Business team are able to confidently guide you or your business through the often complex process of negotiating and agreeing your sale or purchase.
Whether you are buying or selling we can provide a complete service throughout the transaction, from preparatory work to negotiating your sale or purchase and registering the title on completion. We also have a network of professional contacts who we are happy to recommend to assist you with other aspects of the transaction, for example arranging a finance structure for your deal.
We believe that in order to do the best possible job for you, we need to get to know you and the land that you wish to buy or sell. We will take time to talk to you so that we fully understand your aims and objectives. This also gives you the opportunity to get to know us and to discuss any concerns that you have about the transaction, so that we can give you the best possible advice.
In addition to talking to you, we often find that a visit to the site is beneficial so that we can see the property and assess the likelihood of issues arising. We can then deal with these issues before they become problems, saving you time and money during the negotiation phase.
Review of Title Deeds
The title deeds of a property show the details of ownership as well as several other factors that may impact on the sale or purchase of a property. As such it is important to ensure that they are in order before proceeding. Eden Legal can review the title deeds to ensure that any complexities can be managed effectively. We will note:
- the legal boundaries of the land, so that we can work with you and the land surveyor to ensure that they match the physical boundaries;
- any rights of access or other burdens, such as responsibilities for common areas;
- land ownership, including whether there is shared ownership of any part of it.
Intended Use of Land
If you are purchasing land it is important to ensure that you will be able to use the land in the way you would like. Eden Legal can investigate whether your intended use is legally viable before you proceed with an offer.
There are a number of other factors that must be considered before buying or selling land, and Eden Legal have a wealth of experience in dealing with these. We will examine and discuss with you any issues arising from:
- lease agreements, grazing lets, or licenses to occupy land or any buildings;
- community or tenant ‘right to buy’ notices under the Register of Community Interests in Land;
- third party access rights, including rights to water, drainage, or both;
- agri-environmental schemes and whether single farm payment entitlements are being sold with the property;
- the existence of commercial or amenity woodland, any timber harvesting contracts, and any planning permission that is in place to allow timber extraction;
- radio mast sites, wind farms, hydro-electric schemes or other renewable schemes;
- the rights of employees;
- planning and building controls, and the status of roads and footpaths that are adjacent to the land.
Get the Ball Rolling
The Eden Legal Land and Rural business team handle the sale and purchase of farmland across the whole of Scotland. With our base in Fife we are always happy to see new and existing clients in our offices. However, we understand that it can be difficult to find time to travel to us, so we would be delighted to visit you to discuss your potential purchase or sale wherever you are in Scotland.
Please contact one of our team to discuss how Eden Legal can help you to achieve your goals.