The Accidental Smallholder Forum

Community => Introduce yourself => Topic started by: BrianJ on November 20, 2014, 10:04:10 am

Title: Hello and a grazing question
Post by: BrianJ on November 20, 2014, 10:04:10 am: Hello. We live in Wales and are in the process of purchasing a house and plot of some 8 acres of valley bottom land. The plot is not at present a registered smallholding but we may choose to do so in future.

I have a question about grazing rights. The current owners say there is no grazing arrangement with a neighbouring farm but allow sheep grazing on a ad hoc basis. Unfortunately I am aware that the farmer has a record of claiming grazing rights and indeed ownership of land.

My question is: Are grazing rights attached to the land or will a new owner be able to negotiate anew?

BrianJ
Title: Re: Hello and a grazing question
Post by: Possum on December 06, 2014, 09:31:08 am: I am not aware of grazing rights "belonging" to enclosed land but you should ask your solicitor to check if there is anything specific to your particular situation. Good luck!
Title: Re: Hello and a grazing question
Post by: Bionic on December 06, 2014, 09:48:11 am: Hello and welcome from Carmarthenshire. I would agree, get your solicitor to check up before you part with your money
Title: Re: Hello and a grazing question
Post by: mowhaugh on December 06, 2014, 12:15:57 pm: hello!
Title: Re: Hello and a grazing question
Post by: bazzais on December 27, 2014, 09:57:52 pm: Get the owner of the property to get the neighbours animals off for 30 day before purchase and grazing rights will stop.
Title: Re: Hello and a grazing question
Post by: landroverroy on December 29, 2014, 09:49:44 am: I agree with what's been said.
In addition, warning bells would be ringing pretty loud by now and I'd be asking myself why the sheep weren't removed as soon as the house was put on the market. The last thing you want is to be purchasing a legal battle along with your land, and I would certainly halt the sale until it's all been sorted out to your satisfaction and that of your solicitor.
Title: Re: Hello and a grazing question
Post by: YoungRasher on December 29, 2014, 10:01:09 am: I can't help but I do know my dads boss bought a hotel with 30 acres of land. He was told the farmer who was keeping sheep on the land just did it as a friendly agreement to keep the grass down. they've had the hotel now for 6 year and had planning permission for a spa to be built and car park on the said land. the farmer put a stop to it all by claiming he had used the land for so many years. after a lot of money spent on soliciters they have now given up trying to get him off. The law is on his side.
Title: Re: Hello and a grazing question
Post by: SallyintNorth on December 29, 2014, 10:13:52 am: Personally I'd talk to the farmer directly and get his view. If he believes he has grazing rights, and you can't live with that, don't buy the property. If you have to get your solicitor involved to get him evicted, you've already alienated a neighbour before you move in.

If the vendor has misrepresented the situation then s/he, and potentially the estate agent too, are at fault; you may be able to reclaim any costs you've incurred thus far.

I do hope the farmer's a nice person and it all gets resolved amicably :fc:
Title: Re: Hello and a grazing question
Post by: BrianJ on February 04, 2015, 02:21:00 pm: Thanks for all the replies.

The sheep were removed before the sale and I have had no new approach from the grazer who assured me (before the purchase) that it was a agreement for 10 months per year at £300. So far things seem ok.

We have yet to decide if registering as a small holding is the right way for us but there is no rush :)

regards BrianJ
Title: Re: Hello and a grazing question
Post by: Backinwellies on February 04, 2015, 02:25:38 pm: Registering as a smallholding costs nothing. What will you do with the fields if you don't register?