The Agricultural and Rural Property team (ARP) is recognised in both the region and further afield as a specialist in this area. Both clients and referrers regularly comment on the high level of expertise and service-focused approach.
Marcus Thorpe is an experienced lawyer dealing with transactions, tenancies and finance work relating to agricultural, country houses and equine property.
‘He is the most practical, personable and pragmatic lawyer I have ever dealt with’ says one observer, adding ‘He is the go-to person for any residential or rural property matter’.
ARP advises on all property issues facing farmers and farming businesses. The wider firm also assists with all legal aspects of running your business, family affairs, tax and succession matters.
ARP can help you with buying and selling farms and land, specifically addressing:
- Access to the public highway
- Boundary issues
- BPS entitlements and their transfer
- Early entry for crop cultivation or holdover for existing crops
- ELS & HLS and other grant schemes
- Employment issues
- Partitions if land is being retained
- Planning issues
- Private water supply issues
- Sporting rights
- Tax mitigation
ARP has a well-earned reputation amongst selling and search agents for helping families buy and sell country houses, with a high level of service – often outside office hours – drilling down on the key legal issues; making sure the transaction is kept on track and dealt with in a practical and safe manner.
Whilst ensuring that diligence is key to the services we provide, we are acutely aware that speed is of the essence. This may be either to ensure that the sale is completed as quickly as possible, or to ensure compliance with a timescale that is often the condition of an accepted offer.
If required we can draw on advice from our employment, tax & wealth management, construction and tenancy dispute experts to ensure that you receive full support in respect of all aspects of a transaction. Whatever your needs we will ensure that you receive a cost efficient, exceptional level of service that will enable you to focus on the practicalities of moving out of, or into, your home.
We pay particular attention to:
- Boundary anomalies (often undertaking a site visit)
- Planning issues
- SDLT Reliefs
- Title complexities
- What items are being removed
Equine law is a highly specialist area in its own right. Clients need a legal provider that understands the horse industry and combines that with sound business and legal knowledge. We advise on:
- Sale and purchase of equestrian centres, riding schools, polo yards, stud farms
- Equestrian business tenancies (including racing yards and studs)
- Livery agreements (DIY, part, full, working and competition livery)
- Grazing agreements
- Personal injury (liabilities and disputes)
- Employment contracts
Other rural property
All sorts of issues face land owners or people wishing to acquire land and we provide a full service, including advising on:
- Easements (rights of access or rights for service pipes etc on other people’s land)
- Public rights of way and diversion orders
- A full spectrum of legal problems encountered by clients
Tenancies are often required on a stand alone basis, or as part of a large transaction. We advise on:
- Farm Business Tenancies
- Agricultural Holdings Act 1986 tenancies
- Sporting and other rural tenancies
- Grazing agreements
Private water abstraction can cause problems where that supply is provided to third party users, where there is a risk of the supply failing or where the water system needs major repair. Our experience means that we can advise on:
- Drafting new agreements between users
- Obligations to pay for water consumed
- Assessing duties in relation to maintenance for a supply system
- A landowner’s ability to disconnect supplies
- Regulatory obligations
With the increasing reliance on renewable energy as part of the country’s energy requirements, it is vital that landowners looking to contribute to that energy provision receive comprehensive advice in relation to new agreements and we advise on:
- What type of arrangements to put in place
- Negotiating terms and liaising with your agent
- Drafting agreements
- Considering protection, such as landlord break clauses
- Considering options for the equipment at the end of the tenancy
- Protecting you in relation to any mitigation required to achieve planning permission