May is here again and those farmers and agricultural professionals amongst us will be breathing a sigh of relief having pressed that all important “submit” button on the RPA website before 15th May deadline, sending the Basic Payment Scheme 2019 applications in for assessment. Time for a few days break away before the grass harvest starts in earnest.
Our agricultural law experts here at Gabbs, have personal experience dealing with the RPA and Natural England. This experience enables us to understand and empathise with you as clients and professionals when dealing with the sale and purchase of agricultural land.
If you are selling agricultural property which has the benefit of Basic Payment Scheme entitlements or which is subject to an Environmental Stewardship Agreement, you need to be sure that your interests are protected by appropriate contract clauses. These will ensure that your claim and subsequent payment are not affected and end up in the right hands at the end of the transaction with provisions to cover the Cross Compliance requirements imposed by the RPA.
When selling subject to a stewardship agreement, this will involve supplying copies of your claim forms and agreement with Natural England to a buyer and their solicitor. If the buyer is not wishing to take the agreement on then liaising with Natural England to agree early termination of the agreement or otherwise. Similarly if you are selling land with Basic Payment Scheme Entitlements, any prudent buyer will want to see copies of the relevant claim forms; payment advices and RPA maps for your farm.
It is always helpful for you and your legal adviser to prepare this documentation in advance of the sale being negotiated so that a full contract pack can be supplied to your buyer once the sale is agreed.
Conversely, on a purchase of agricultural land, your legal adviser will want to find out any agreements with Natural England which affect the land and the situation regarding Basic Payment Scheme Entitlements in order to protect your position as the buyer.
We can help and support you with the above here at Gabbs.
Please feel free to contact one of our agricultural property lawyers should you require any help regarding the sale and purchase of agricultural land.
https://gabbs.biz/agricultural-solicitors-and-lawyers
