Eden Legal offers a focused Land and Rural Business team with a wealth of experience of buying and selling farms and land for clients throughout Scotland. We have a genuine interest in our client’s objectives and our priority is to give the best advice to individuals and businesses which operate in the rural sector.
In our view, it is important to get to know our clients and their land and this will usually involve a site visit to see the property being bought or sold before finalising any deal. That way, we get an understanding for issues that may arise and can anticipate solutions before they become problems.
We can offer a full purchase or sale service from negotiation of a purchase or sale to registration of your title and have a number of professional contacts we can refer you to who may be able to offer you assistance arranging a finance structure for your deal.
Land Sales and Purchases
We would always recommend a pre-sale review of your title prior to active marketing which we are happy to offer and we would also encourage a detailed pre offer meeting to review any sales particulars for any potential purchase. Discussions would include the following considerations:
- For any sale, liaising with you, the seller and land surveyor noting the relationship between legal boundaries of the farm and physical boundaries.
- For any purchase, establishing the use to which you intend to put the land
For both sales and purchases
- any lease agreements, grazing lets or licences to occupy land or any buildings.
- the Register of Community Interests in Land for any community body or tenant ‘right to buy’ notices.
- any third party access rights or rights to water/ drainage.
- any agri-environmental schemes and whether or not single farm payment entitlements are being sold with the farm/land.
- any commercial or amenity woodland, any timber harvesting contracts and any planning permission for timber extraction.
- any radio mast sites, wind farm, hydro-electric or other renewable schemes.
- any employee rights
- any planning and building control issues and the status of adjacent roads and footpaths
Land Management responsibilities can mean that issues may arise during ownership of rural land and we can assist with the following matters:-
- Contract Farming Agreements
- Servitudes (rights of access over land) whether for building plots or utility providers;
- Boundary discrepancies
- Deeds of Conditions;
- the splitting-up of land or buildings into separate legal titles;
- transfer of Single Farm Payment Entitlements with or without land;
- advice concerning radio mast leases;
- Mineral Leases
- Renewable Energy Schemes
Advice Relating to Farming Partnerships: Many rural businesses operate under a partnership format. We can advise and prepare partnership contracts for farm businesses and are happy to collaborate with clients’ tax advisors. We can also adjust existing farm partnership contracts to include the appointment of and the retirement of partners, adjust profit shares or capital ratios and prepare dissolution agreements.
Business Succession Planning
As part of your succession planning strategy, we can assist with any transfers you would like to make to the next generation to regularise your affairs.
If you wish to discuss any rural land matter including an annual check-up, please call Craig Harvie on 01738 310047