Questions that you need to ask and maybe ask be fore you engage a solicitor here is an excerpt fromthe Agricultural Precedents
Dwellings
1. Are there any dwellings on the Property?
If so, please specify which are sold with vacant possession
2. In respect of any part not to be sold with vacant possession, please:-
2.1 supply copies of any tenancy agreements and other relevant documents
2.2 supply a plan of the area occupied, unless this is self-evident on the ground
3. Insofar as they are not shown by any copy document supplied please:-
3.1 supply full details of any rights enjoyed or suffered by the dwelling
3.2 specify the commencement date of the current occupation
3.3 specify the period of the letting
3.4 specify the respective repairing and other obligations undertaken by the owner and the occupier
3.5 state who is responsible for emptying any septic tank
3.6 give full details of any specific insurance
4. In relation to the rent or any other payment by the occupier:-
4.1 how much is it?
4.2 on what dates is it payable?
4.3 is it payable in advance or in arrear?
4.4 please say when and how it was last fixed and supply a copy of any relevant document
5. If the tenancy was created before 15 January 1989 is the rent registered? If so, please supply a copy of the registration and any notice of increase
6. What was the rateable value of the dwelling on 31 March 1990?
7. Has there been a succession to the tenancy? If so, please supply full details
8. Has the tenant been supplied with the statutory particulars of the local rent allowance scheme? If so, how?
9. Has the landlord received payment of the tenants rent allowance direct from the local authority?
10. Has the Seller, or any predecessor in title, applied to the housing authority to re-house the tenant, under the Rent (Agriculture) Act 1976 section 27? If so:-
10.1 what was the result?
10.2 please supply copies of the DEFRA assessment, the advice of the agricultural dwellinghouse advisory committee, and the decision of the authority
10.3 please give details of any tenancy deposit scheme operated
11. Is any dwelling on the Property affected by an agricultural user restriction under any planning permission? If so, please give details
12. Please provide details of the Council Tax band of each dwelling on the Property and the current amounts payable
13. State the date on which the local authority certified the dwelling as being fit for occupation after completion of the relevant works
14. Confirm that all the conditions of the grant were complied with throughout the period of five years beginning with the certified date and that no part of the improvement grant became or has become repayable
15. Is there a septic tank on or serving any part of the Property? If so, please mark its position on a plan, also showing the position of all associated pipes and the overflow
Occupancy
16. Please confirm that:-
16.1 vacant possession of the whole will be given on completion
16.2 no right of holdover will be required. If so, please state when and in what condition the Seller proposes to leave the Property after any crop now growing has been harvested
17. If vacant possession of the whole will not be given:-
17.1 please supply details of all persons other than the Seller now occupying or farming any part of the Property (other than any dwelling)
17.2 on what basis do those persons occupy or farm the part concerned?
18. Please specify any sporting rights which are not in hand and supply full details of, and a copy of any relevant document relating to, the exercise of any such rights
Rights of way
19. Is there any public footpath or other public right of way crossing the Property?
20. Has any footpath or other public right of way on the Property been ploughed up? If so, please supply details and a copy of the relevant notice
In-filling
21. Has there been any in-filling on the Property? If so, please:-
21.1 supply full details, including the dates and the nature of the in-filling
21.2 state the use to which the land had previously been put
Flooding/subsidence
22. Please give details of:-
22.1 any flooding that has affected the Property
22.2 any subsidence or heave which has affected any structure on the Property
Disease
23 Have any cattle which have been on the Property within the last six years suffered from bovine spongiform encephalopathy? If so, please give details
24. Have any animals on the Property been affected by foot and mouth disease, blue tongue or any other notifiable disease? If so, please give details
25. Is any part of the Property affected by disease, pests or persistent weeds, eg wireworm, rhizomania, blackgrass. If so, please supply details
Adverse matters
27. Is the Seller aware of any past existing or proposed public or private rights of way claimed or exercised over the Property? If so, please supply full details, including copies of all orders and notices
28. Please supply full details of any of the following of which the Seller is aware:-
28.1 any other rights or informal arrangements affecting the Property
28.2 any restrictions affecting the Property, other than any referred to in the draft contract
28.3 any interests set out in Schedules 1, 3 and 12 to the Land Registration Act 2002
29. Does the Seller own or occupy any adjoining or nearby property? If so, please:-
29.1 specify the property concerned
29.2 supply details of all quasi-easements or analogous rights or privileges enjoyed by such property over or affecting the Property, with details of the part of that property which has the benefit of them
30. Is the Seller aware that any part of the Property is subject to any liability for chancel repair, corn rent or other unusual liability or payment? If so, please give full details
31. Has the land been used by the public or the local inhabitants for open air recreation? If so, give details
Copyhold
32. Was any part of the Property formerly copyhold? If so, please supply details
Planning
33. Please supply a copy of each planning permission which relates to the Property or any part of it
34. In relation to each agricultural building please state whether it was erected or altered:-
34.1 under a specific planning permission
34.2 in reliance on the terms of the General Development Order
35. If any part of the Property is used for a non-agricultural use (eg farm shop, cottage holiday lettings, commercial buildings etc), please supply full details
36. Is there an established use certificate relating to any part of the Property or has there ever been an unsuccessful application for such a certificate? If so, please supply a copy with its plan (if any)
37. Is any building on the Property a listed building? If so, please:-
37.1 specify the building
37.2 supply a copy of the listing
37.3 confirm that no listed items have been removed or altered
37.4 supply a copy of any listed building consent obtained
37.5 confirm that no works for which listed building consent was required by have been carried out without such consent
38. Is there any ancient monument on any part of the Property? If so, please supply particulars
39. Is the Seller aware that any part of the Property is, or is likely to be, designated as an area of archaeological importance? If so, please give details
IACS – Single Payment Scheme (‘SPS’)
40. For ease of reference ‘the Seller’ refers to the transferor of the Property and the SPS Claimant (if different). ‘Property’ refers to the land being transferred, while ‘Holding’ is the Seller’s IACS holding. (It may assist if whoever completed the Seller’s SPS application form also completes the reply to these enquiries)
Entities
41. Please confirm the identity of the SPS claimant in respect of the Property
42. If the SPS claimant is a separate entity, please confirm that that entity will be party to and sign the contract to transfer entitlements (‘Entitlements’) to the Buyer or his nominee
Entitlements
43. How many Entitlements (to 2 decimal places) are to be transferred?
44. Please confirm that the hectarage of the Property comprising SPS eligible land is not lower than the number of Entitlements to be transferred under the proposed transaction
45. Of the Entitlements to be transferred please provide details of:-
45.1 Normal; formerly Set-aside Entitlements
45.2 Normal Entitlements
45.3 Special Entitlements
46. Please confirm that all Entitlements to be transferred were validly applied for
47. Please provide details of the Entitlements for which payments are being claimed this year
48. What part of the purchase price is being apportioned to the Entitlements?
49. If the Property being transferred is the Seller’s whole Holding what is the intention regarding this year’s payment?
50. Please confirm that a transfer application will be submitted as soon as possible
51. Does any of the Property lie within English Upland SDA or English Moorland within the Upland SDA? If so please provide details
52. Please provide details of the SPS eligible agricultural areas of the Property
53. Please identify which areas of the Property are not eligible for payments under SPS (such as non grazable woodland, forests (but not commercial forests tree nurseries in woodland or land in eligible forestry scheme), peat production, non agricultural use)
54. Please identify any areas of the Property which are permanent pasture
55. Please identify any areas of orchards or grazed woodlands
56. Have any of the Entitlements to be transferred been applied for on the basis of commons rights of the Seller (Annex 5c of the SP5a)? If so, please provide details
57. Do any of the Entitlements have an historic element which derives in full or in part from dairy payments, and for which an uplift in value was awarded in 2006?
58. Please provide details of any non-agricultural use on eligible SPS land including, where relevant, specific dates and areas
59. Please provide copies of the Rural Land Register maps for the property. If these have not yet been finalised please provide copies of correspondence, forms and plans submitted to the RPA
60. Please provide a copy of the latest SP5a Form and any supplemental forms and documentation submitted to the RPA together with confirmation as to when this was received
61. Please provide full details of any disputes or anomalies relating to the Seller’s claim to establish Entitlements and claim payments
62. Please provide full details of any licence agreements affecting the Property
63. Please provide details of any contracting arrangements affecting the Property
64. Please supply a copy of the latest statement of payments and allocation station from the RPA
Just for starters