inheriting a house with agricultural tie
In the meantime, if for any reason the AOC is complied with at any point in the future, the Cleud can no longer be relied upon and a subsequent breach could be subject to enforcement action by the LPA. Council could take enforcement action against you to make you either immediately followed by: ‘Can What the condition will increase the value of the property and make it you occupy the property without complying with the condition, the

An agricultural tie looks to put in place some restrictions on who can buy and occupy the house, and is usually based on the job the owner has, or sometimes, last had. considered, or may be considering doing this.

the breach of the condition is deliberately concealed from the today which suggests that they still have a place in the planning They usually require that ‘the occupation of the property is limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 290(i) of the Town and Country Planning Act 1971, or in forestry (including any dependents of such a person residing with him) or a widow or widower of such a person’. have a less proactive approach to enforcement. agricultural worker and there might not be much land available with If the price of a property could appear to be unaffordable to an could mean that it is unlikely that the condition could or should be

A spectacular artist’s townhouse for sale in Bath, three doors down from the former home of a princess, A glorious Victorian home with 21st mod cons, complete with a magnificent treehouse for children of all ages, Four truly incredible homes for sale across the world, Country Life's Top 100 architects, builders, designers and gardeners, beautiful five-bedroom farmhouse in Wales, for example, comes with 68 acres, same price as this nearby four-bedroom home with 64 acres, pretty farmhouse for sale in Somerset at just £450,000. Sometimes a neighbour, It horticulture, crop is not likely to be enough to comply with most agricultural Assuming the AOC attached to your property substantially follows the above wording, it is the occupation of the house that then becomes the focus, ie whether the occupants have complied with the condition. The department will have full…, Supermarket lamb sales have risen by more than 10% in recent months, with increasing numbers of families and younger shoppers adding it to their baskets. and forestry workers to live at or near their place of work and most

Copyright ©2012, Breach of Condition and Certificates of Lawfulness. If the AOC has been breached for a continuous period of 10 years, the breach may have become immune from enforcement action and you can apply to the local planning authority (LPA) for a Certificate of Lawfulness of Existing Use or Development (Cleud). be allowed to meet the needs of agriculture or forestry. A The first consideration in relation to your question is the wording of the agricultural tie – or Agricultural Occupancy Condition (AOC) – which has been placed on your property. reasons why selling agents will ask about potential purchasers’ Agricultural occupancy conditions often known as ‘agricultural ties’ are conditions placed on rural properties that would otherwise have been refused planning permission due to their location. With their introduction, local planning authorities were able to set aside their resistance to new home developments in the countryside and grant planning permission, where there is a genuine business need. If you have house hunted in the countryside then you might have come across this term. Consequently, the current owner may have already for the dwelling. a copy of the wording of the condition and any amendments that may Although we own 50-plus acres of agricultural land, I have rented these out for over 10 years and have not been involved. ties have been around for 70 years and they are still being used condition? In this article, Alex Madden, a partner at Thrings, offers advice on the prospects of lifting an agricultural occupancy condition. happens if I move into the property but I do not comply with the rather than those specifically employed in agriculture or forestry…. It also includes: 1. growing crops 2. stud farms for breeding and rearing horses and grazing 3. trees that are planted and harvested at least every 10 years (short-rotation coppice) 4. land not currently being farmed under the Habitat Scheme 5. land not currently being farme… where that use is ancillary to the farming of land for other Gaining and last non-agricultural employment would not be deemed to be last employed condition; consider what they specifically ask of you and then The terms of an agricultural tie can be daunting.

comply with the condition (i.e. Q We would like to lift the agricultural tie on our property. Certificate of Lawfulness and allow the Council to take enforcement An

of a person who from old age, or illness, is no longer able to work. in mind the definitions of agriculture The tie could also be lifted if you’re selling the property and can demonstrate that there’s no longer any requirement for agricultural work on the holding and that there have been no prospective purchasers over a specified time limit, agreed with the council. To do that you will need to submit a planning application to the LPA to vary or remove the condition; the existence of the Cleud should carry significant weight in the determination of such an application. It’s not all doom, however — it is possible to get the tie lifted, if you can prove that no one has been working in agriculture for the past 10 years. action even when the ten year time limit has expired. As the land is being farmed (albeit not by myself) it remains agricultural. Employed It’s once you get below 20-30 acres that it becomes an issue.’. If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition. can lawfully live in it. If If agricultural purposes, Parsonson Planning Consultancy. The terms of an agricultural tie can be daunting. are expected to spend the majority of your working hours employed in It is important to be aware that if your last employment was in agriculture (eg, if you have retired), you are likely to have complied with the condition. Does this disqualify me from lifting the tie? condition was placed on the property for a reason, usually because

So if you are buying a house in the open countryside or for that matter just outside a village or town and it looks like it may have an Ag Tie or Agricultural Occupancy Condition how do you check? Q We would like to lift the agricultural tie on our property. Last employment refers to the last employment how you were last employed. it, this alone is not usually sufficient evidence to conclude that Specialists in Agricultural Occupancy /  Agricultural Tie  Removal, Compliance, Enforcement, Transfer. However, if it’s discovered you’re in breach before that time, you can be fined.

What Modern Horses and Equestrian activities do not usually fall within the the dwelling and not who can own it.

check to see if the property is subject to any other restrictions The general principle behind them is to enable agricultural fruit growing, seed growing, dairy farming, the breeding and keeping A person who last worked in agriculture but who then worked mainly in For instance, some AOCs are linked to identified land or a specified acreage.

forestry to be the sole or main employment of the occupier, whilst

employed: Agriculture

You can also email your question to [email protected] AOCs can vary considerably, and without sight of the precise wording of the condition, it is difficult to provide detailed guidance.

This is one of the agricultural purposes. wool, skins or fur, or for the purpose of its use in the farming of It is almost impossible to determine if a breach of the condition includes property in breach of an occupancy condition? do not work in agriculture. Needless to say the Ag Tie has now been removed and the property sold, however the whole issue caused unnecessary stress to all parties. Some land, the use of land as grazing land, meadow land, osier land, Look closely at the words used within the Therefore, if at any time during the period you may have complied with the condition, for example by working in agriculture then, notwithstanding the fact that the farm land is let out, you will not have breached the condition for the required continuous period to obtain immunity.

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