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GSC Grays - Property Estates Land

Land Occupation

As rural surveyors we are often asked to advise on the occupation terms of land.

This is a confusing and complex area of law, which affects issues such as: whether or not vacant possession can be achieved; the implementation of succession and tax planning; the validity of BPS applications and, agri- environment schemes meeting their management requirements etc.

Gone are the days where a gentleman’s agreement and a shake of the hand will suffice, especially if it is HMRC or the RPA asking for evidence as to how the land has been occupied. Not being able to provide evidence of the agreement can prove costly. It is important that the agreement is managed correctly, in order to ensure that further complications do not occur if a court looks beyond the written documents and into what happens on the ground and in the accounts.

Landowners are now presented with a minefield of different land occupation options including Grazing Licences, Cropping Licences, Farm Business Tenancy Agreements, Contract Farming Agreements, Share Farming Arrangements, Profit À Prendre arrangements, to name a few. Each have been designed to protect the landowner, but they will only do this if the correct form of agreement is used and they are then managed correctly.

In order to avoid ambiguity and potential future issues, it is essential that professional advice is sought when assessing how your land is occupied. At GSC Grays, we have a dedicated and experienced team of rural surveyors who would be happy to assist you with the relevant advice.

For further information and advice please contact:

[team-member name=”Lucinda Riddell”]

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