ChatterBank2 mins ago
Agricultural restriction
4 Answers
I'm looking for a solicitor who is knowledgeable in the area of agricultural ties and how to remove them.
I am not the owner of the property with the tie but am looking for advice on the chances of success before I make an offer on the property.
I have a list of things in my favour ready for a court action ....
:-)
I am not the owner of the property with the tie but am looking for advice on the chances of success before I make an offer on the property.
I have a list of things in my favour ready for a court action ....
:-)
Answers
1 to 4 of 4
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There are a number of specialist legal eagle practices in this area - you will generally find them in the rural towns in the Shires of England. Here is just one (picked at random).
http://www.balfours.co.uk/index.php?option=com _content&task=view&id=186&Itemid=42
I'm not quite sure what you are after here - presumably an anaysis on the probability of success? The ONLY way you should contemplate buying this property is of the basis of the agricultural tie market price plus a very small risk premium. You need to ask yourself why the owner hasn't bothered getting the tie removed.
The process of so doing involves active marketing the property as an agricultural tied house for at least 6 months, after which lack of success may enable the owner to have the tie removed. You will have much more difficulty if the property is in a National Park or AONB because the planning authorities are more precious about 'second homes' and folks from the cities buying places in the country, forcing the locals out.
Also find out as much as you can about the provision for social housing around that area - the policies and the current provision versus the demand. The 2 are not automatically linked but it stands to reason that poor agricultural wages tend to mean that agricultural/forestry workers are more likely to be housed in social housing. If there is a dearth of such properties, it is likley to be more difficult to get what you desire.
Is this linked to your recent 'derelict house' question?
http://www.balfours.co.uk/index.php?option=com _content&task=view&id=186&Itemid=42
I'm not quite sure what you are after here - presumably an anaysis on the probability of success? The ONLY way you should contemplate buying this property is of the basis of the agricultural tie market price plus a very small risk premium. You need to ask yourself why the owner hasn't bothered getting the tie removed.
The process of so doing involves active marketing the property as an agricultural tied house for at least 6 months, after which lack of success may enable the owner to have the tie removed. You will have much more difficulty if the property is in a National Park or AONB because the planning authorities are more precious about 'second homes' and folks from the cities buying places in the country, forcing the locals out.
Also find out as much as you can about the provision for social housing around that area - the policies and the current provision versus the demand. The 2 are not automatically linked but it stands to reason that poor agricultural wages tend to mean that agricultural/forestry workers are more likely to be housed in social housing. If there is a dearth of such properties, it is likley to be more difficult to get what you desire.
Is this linked to your recent 'derelict house' question?
BM you are right the two questions are joined.
Yes the tie is an agricultural occupancy restriction, limiting the occupier to being employed, or last employed in the agricultural trade.
The owner last tried to have the restriction lifted I believe in the mid nineties, but I know the law has changed a little since then and councils have relaxed their view on these restrictions to free up some 'much needed housing'.
I know about the marketing for 6 months line and there have been new houses built but 400 yards away, also no agricultural worker could afford this particular plot unless they were the farmer himself !
Yes the tie is an agricultural occupancy restriction, limiting the occupier to being employed, or last employed in the agricultural trade.
The owner last tried to have the restriction lifted I believe in the mid nineties, but I know the law has changed a little since then and councils have relaxed their view on these restrictions to free up some 'much needed housing'.
I know about the marketing for 6 months line and there have been new houses built but 400 yards away, also no agricultural worker could afford this particular plot unless they were the farmer himself !
Your last sentence eludes to something that I anticipated! That is why I sent you the link I did. If this house is far larger than is likely to be required by a 'normal' working class family, you stand a greater chance of success - that is the point made by the article.
It isn't the amount of land around the plot that counts (agricultural workers' houses are often in very generous plots - to allow for the growing of all those spuds) - it's the size of the house. A large 4-bedder, and you might be on to something.
It isn't the amount of land around the plot that counts (agricultural workers' houses are often in very generous plots - to allow for the growing of all those spuds) - it's the size of the house. A large 4-bedder, and you might be on to something.
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