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Our Agricultural Service
The Agricultural and Landed Estates Group has extensive experience of working with farming and rural businesses (including businesses in the agricultural supply chain), agricultural organisations, landowners, investors in the agricultural sector generally, landed and family estates and smallholders.
Myerson Solicitors are recognised by The Legal 500 as one of the top agricultural specialists in the North-West.
Our agriculture lawyers offer a comprehensive range of specialist agricultural legal services to cover both commercial and personal needs, including:
- Land Sales & Purchases;
- Commercial Leases;
- Options, Land Development;
- Promotion Agreements;
- Corporate structures for businesses and families, joint business ventures, buying and selling assets and business entities;
- Succession Planning;
- Wealth Protection and Inheritance Tax Planning;
- Proprietary estoppel claims
- Family Issues;
- Property and agricultural disputes.
Typically a matter may require advice from more than one specialist. Our agriculture lawyers would put together an appropriate team to ensure that clients receive a seamless and integrated service.
Our agriculture team aim to help our clients to future proof their businesses and personal affairs and protect their assets for further generations. We offer clients tailored advice to assist in structuring their affairs and managing risk.
Our agricultural solicitors work closely with a network of agricultural surveyors, accountants, banks, financial advisors and rural and farming consultants, so that where appropriate we can make the necessary introductions to our clients in order to help them achieve their objectives.
In 2023, The Legal 500 ranked our services as Tier 1 within the North West. The Legal 500 also stated our agriculture and estates department provides a ‘high level of knowledge and expertise’.
Our agricultural team are members of the National Farmers Union and the UK200 Agricultural Group.
Agricultural Areas We Cover
Our specialist agriculture solicitors can assist with the full range of agricultural legal issues. This includes:
Land, agricultural premises and estates
The Group acts on a wide range of agricultural-related property matters involving rural businesses.
Our agriculture lawyers advise and assist with farm, estate and development land sales and purchases including conditional contracts, overage arrangements, options and transactions involving the need for changes in planning.
We have particular expertise in selling and purchasing land for development. Such transactions require careful structuring and specialist documentation depending on the individual case.
Our agriculture solicitors help find the most appropriate structure and draft the necessary documentation to include preparation of promotion agreements, joint-venture documentation and other conditional agreements.
Our clients are often looking to diversify and explore commercial opportunities. These may involve the grant of rights for drainage mining/minerals opportunities, access rights, and renewable energy etc.
Our team of agriculture experts are able to provide specialist advice and work with our network of professional contacts in these areas to ensure our clients can take the best advantage of the opportunities and minimise risk.
We support our clients’ business diversification activities and assist with their commercial lease requirements, advising at heads of terms stage and transactionally.
Our agriculture lawyers recognise that not all business relationships proceed smoothly and from time to time issues can arise. We are able to provide commercial advice in relation to property and business disputes on a cost-effective basis.
Business Structures
Every landed estate and agricultural business has different challenges and opportunities. This may involve diversifying the current business offering, entering into a new business venture or restructuring the business to facilitate a smooth transition to the next generation.
We will bring fresh thinking and commercial solutions.
Our agriculture solicitors regularly advise our agricultural and rural clients and also have particular expertise in respect of:
- preparing and advising on constitutional documentation (i.e. shareholders agreements, partnership agreements and limited liability partnership agreements);
- retirement and admission of new partners or shareholders;
- succession and retirement planning;
- mergers and farm sharing arrangements; and
- advising on the transition from the traditional partnership model to a limited company status or a hybrid mix of the two.
Our agriculture team take the time to understand your business structure to ensure that you receive legal advice appropriate to your specific circumstances.
Succession Planning & Wealth Management
Our specialists regularly advise farming families, rural business owners and landowners on the best way to pass their assets on to their family.
Planning is essential to ensure that this is done in a tax-efficient way and to minimise the likelihood of disputes after death.
Often our clients need trust advice to enable them to protect wealth and look after their beneficiaries. We can advise on whether a trust is suitable for your situation and explain how this would work in practice.
Our agriculture experts can assist with the following common concerns:
- Inheritance tax planning and the availability of reliefs, such as Agricultural Property Relief and Business Property Relief;
- preparing tax-efficient Wills suitable to your circumstances;
- protecting assets from third parties, for vulnerable beneficiaries or for tax purposes;
- preparing for times of illness or issues with mental capacity;
- how to fairly divide assets between beneficiaries;
- dealing with a business after death.
We work with other experts within the property and corporate teams, as well as other professionals, to provide tailored, all round advice.
Our agriculture team find that our clients value our practical and personal approach, which ensures that they get the right advice for their circumstances and their concerns.
Farming Divorces
Dealing with a farm on divorce can be complicated, often due to the fact that it may have been in the same family for generations.
On divorce, the courts are able to transfer or sell land, distribute business assets or transfer shares between the couple involved.
It would be rare for a court to order the sale of an entire farm.
However, during a farming divorce, the courts have to ascertain the value of the assets and ensure that the departing spouse has received a fair outcome. In practice, this means trying to find a way to buy the departing spouse out of the farm.
Our specialist family law team can assist you with any issues relating to divorce where there are farming related assets involved.
Agricultural and Rural Business Case Studies
Case Study 1: Expert Representation in Complex Agricultural Divorce Involving Multiple Farms
Nichola Bright represented the Wife in an agricultural divorce involving a lucrative farming business run across 4 farms.
There were two historic Agricultural Holdings Act (AHA) Tenancies, an Farm Business Tenancy (FBT) and owned land/properties to consider.
A specialist forensic accountant was required to value the farming business and, where possible, particularise the value of the different farming operations across livery, silage and haymaking.
An Agricultural land agent was needed to advise on the assignment of tenancies and the remaining succession rights.
Case Study 2: Resolving a Contentious Agricultural Divorce Involving Cheshire Farmland
Nichola Bright represented the Wife in a highly contentious agricultural divorce involving 300 acres of Cheshire farmland and buildings.
A RICS surveyor was required to advise on the value of the whole and of part, particularly as part of the land was much more valuable due to prior residential planning permission.
A Land Agent assisted with advice on transferring Stewardship and farm grants from husband to wife. Nichola assisted the Wife in securing a financial order which transferred to her 50% of the farmland.
Contested Wills & Farming Families: How Agricultural Law Impacts Probate Disputes
Testimonials
Meet Our Agriculture Solicitors
Home-grown or recruited from national, regional or City firms. Our agriculture lawyers are experts in their fields and respected by their peers.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
Latest Myerson Agriculture Law News
Keeping the Farm - and the Family - Together: Why Mediation Works in Inheritance Disputes
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Last July, Angela Rayner announced an overhaul of the National Planning Policy Framework (NPPF) as part of the Government's pledge to deliver 1.5 million homes over the next five years and get Britain building again. In December, the Government...
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Top Tips For Your Farming Divorce
Divorce can be an emotionally challenging and complex process, especially when a farm is involved. The crossover between marital and agricultural assets often means that farmers face unique circumstances that a solicitor must carefully consider...
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Armstrong v Armstrong: A High Court Ruling Shaping Contentious Probate and Proprietary Estoppel Claims
The recent high court case of Armstrong v Armstrong, 2024 EWHC 2989 Ch highlights the potential disputes that can arise on the death of a member of an agricultural family. Our Agricultural Lawyers explore the recent High Court case - a pivotal...
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Farming Wills and Nil Rate Band Discretionary Trusts
Before 2007, it was common for spouses to include Nil Rate Band Discretionary Trusts (NRBDTs) in their Wills. Our Agricultural Solicitors investigate why this was, what has changed, and why. If you own farming assets and have one in a will, you...
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How Trusts Can Help You with Your Farming Estate Planning
A trust can be a useful tool to protect your farming assets. A trust can be set up during your lifetime or on death in your Will. It is important to appoint trustees who understand how your farming business is run, ensure they are responsible and...
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