The Accidental Smallholder Forum
Community => Coffee Lounge => Topic started by: jacob and Georgina on September 22, 2010, 08:09:06 pm
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“The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person and any resident dependent.” does anyone own a property with such tie? we are looking at buying a property and several seem to have these ties on them, i have done research and have discovered that they can be removed however this is not always easy. We would obviously still be keeping animals on the land but does it mean that one of our family have to work on the land all the time? Farming is not in the family, which i understand can make it easier. can anyone shed any light on this subject, any information would be great! ??? ??? ???
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There is a thread on here that touched on this a little while ago.
The conditions aren't easy to get removed and if you have to get a mortgage you will find that a lot of lenders won't touch a property with an Agricultural Tie.
Also please be sure that you comply with all the conditions in the tie. I know of someone who bought a house with a tie, they didn't have to get a mortgage, but the people who enforce these things are now making them put it back on the market.
Crikey I sound like a real negative Nelly!!!! Just be careful. You don't want to end up with a property that you then find difficult to sell when you want to.
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Out of curiousity - what if the couple did put the house back on the market at an unrealistic price - would they be allowed to do that? If it didnt sell could they continue to live there as long as the house was on the market?
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I think in the current market any house with a tie of any sort would be difficult to sell. I wouldn't touch them with a bargepole! I've moved numerous times and have always made at least 20% profit but mostly a great deal more than that.
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We've done some research on this.
To get the tie removed you either have to have lived there and not complied with the tie for several years (10 I think) or be able to prove that there is no one working in agriculture who could live there, essentially by putting it up for sale and no one buying it. The planners are wise to the ruse of pricing it too high so I've been told.
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Still curious, what could the planners actually do if the owner had it up for sale and it didnt sell but continued to live there (not wanting to sell)
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Go to court for an enforcement order for you to move out or comply. You are allowed to own it and not comply but you can't live there and not comply. So you could own it and rent it to an agricultural worker.
Also apparently it's the time you spend occupied in agricultural work not the amount you earn from it e.g. one half of a couple could have a very well paid job enabling the other half to work the land that comes with the property.
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we tried very hard to buy a house wiht a ag tie but couldtn' even get a viewing. we tried to use the fact that hubby works full time for the farmers union and I would be using the 5 acres for my source of income but no. they said that our main income had to come from the land we would be living on and despite many hours of sum's we couldn't find a way of intesively farming such a small plot. lovely place it was - 7 bedrooms for £300000 in the midlands!! when they managed to get the restriction off it went back on the market at £695000. probably better suited to a farmer renting larger plots nearby too?