Smallholders Insurance from Greenlands

Author Topic: tenanted land  (Read 2948 times)

valmet10

  • Joined Mar 2016
tenanted land
« on: December 05, 2017, 07:50:31 pm »
don't know if anyone can help , I'm have an full agricultural tenancy on some land , the landlord as asked me to release some of the land , they wont say why but I know they want to sell to to some one who owns the house on the edge of the land  how do I stand do I have to give the land back !!!!!!!!!!!!!!

SallyintNorth

  • Joined Feb 2011
  • Cornwall
  • Rarely short of an opinion but I mean well
    • Trelay Cohousing Community
Re: tenanted land
« Reply #1 on: December 05, 2017, 08:16:48 pm »
That depends on your tenancy agreement. Some have been in place for aeons and pass from generation to generation, some are three-generation ones, and some are for x years, where x used to generally be 15 or longer but these days is often only 5 or less.

If the agreement protects your rights for a goodly period of time, you can of course say no.  Or you could say, “Maybe - for a price”.   Of course the land will be worth more unemcumbered than tenanted ;).  Depending on the term, it could be worth 30-60% more. You should be able to get a piece of that, if that suits you. 
Don't listen to the money men - they know the price of everything and the value of nothing

Live in a cohousing community with small farm for our own use.  Dairy cows (rearing their own calves for beef), pigs, sheep for meat and fleece, ducks and hens for eggs, veg and fruit growing

valmet10

  • Joined Mar 2016
Re: tenanted land
« Reply #2 on: December 05, 2017, 08:25:02 pm »
its a three generation one , not sure what u mean re "protects your rights for a goodly period of time"

SallyintNorth

  • Joined Feb 2011
  • Cornwall
  • Rarely short of an opinion but I mean well
    • Trelay Cohousing Community
Re: tenanted land
« Reply #3 on: December 06, 2017, 07:49:01 am »
its a three generation one , not sure what u mean re "protects your rights for a goodly period of time"

Well, if it was a five year one and you’re four-and-a-half years in, they have only to wait.  If it’s only just started, you can have your five years, or negotiate an early termination bonus. 

However it’s a three generation one, so now the key things are which generation are you, how near to retirement are you, and do you have a successor who’ll be wanting to farm the land. If you’re the first or second generation and or have decades still to go yourself and or have a youngster coming through, then your position is very strong.  You can completely block their “sale with vacant possession”, or can ask for up to 40-60% of the open market unencumbered value to vacate.  If this seems like a route you might take, you might want to ask a local agricultural land agent for an opinion, and possibly even to act for you in negotiations. 

They can, of course, sell the land with your tenancy in place.  But if the potential buyer is wanting to use the land, it probably needs to be free of your occupancy.  There might be a middle ground; if for instance you only want another five or six years, there’s no one coming on behind, the potential purchaser might be willing to let you have your six years and give you an early termination bonus in order to secure the land for themselves in six years time.
Don't listen to the money men - they know the price of everything and the value of nothing

Live in a cohousing community with small farm for our own use.  Dairy cows (rearing their own calves for beef), pigs, sheep for meat and fleece, ducks and hens for eggs, veg and fruit growing

valmet10

  • Joined Mar 2016
Re: tenanted land
« Reply #4 on: December 06, 2017, 05:01:31 pm »
 first generation and abot 20 years till I retire , they want to sell it because the buyer  wants to put stables up and keep horses , ive heard a rumour that they have already have been told that can buy the land  I'm having a meeting with landlords land agent early jan so we'll have to see what they've to say

SallyintNorth

  • Joined Feb 2011
  • Cornwall
  • Rarely short of an opinion but I mean well
    • Trelay Cohousing Community
Re: tenanted land
« Reply #5 on: December 06, 2017, 10:43:24 pm »
Well, if you want to stay, I would check the wording of your tenancy agreement very carefully, especially the clauses about termination.  And if you think you might be prepared to “sell out”, then take advice on the land’s value with and without you as a sitting tenant.  And see what you might be able might to buy with the difference ;)
Don't listen to the money men - they know the price of everything and the value of nothing

Live in a cohousing community with small farm for our own use.  Dairy cows (rearing their own calves for beef), pigs, sheep for meat and fleece, ducks and hens for eggs, veg and fruit growing

Backinwellies

  • Global Moderator
  • Joined Sep 2012
  • Llandeilo Carmarthenshire
    • Nantygroes
    • Facebook
Re: tenanted land
« Reply #6 on: December 08, 2017, 07:57:47 am »
A bit of advice from NFU would be worth having if you are a member (could be worth joining just for this!)
Linda

Don't wrestle with pigs, they will love it and you will just get all muddy.

Let go of who you are and become who you are meant to be.

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