Agriculture
Roythornes is one of the top agricultural law practices in the country. We have an excellent understanding of the farming industry and the pressures our clients have to contend with.
Our Agriculture team has a national reputation and is highlighted in leading legal directories including The Legal 500 and Chambers and Partners. We offer the agricultural sector and landed estates an across-the-board service, but what makes us stand out as agricultural experts is that we are up to speed on specialist areas, including natural capital contracts, water and flood management, share farming, poultry production agreements and farmer-led cooperatives.
We also want to see the sector thrive. That means speaking up for it and getting involved in government consultations, working groups, and sector initiatives. We are delighted to be a corporate sponsor of the Worshipful Company of Farmers, the Tenant Farmers Association webinars and teach-ins, the Institute of Agricultural Management national conference and many other national and regional events.
Our agricultural law solicitors offer a full range of services, including:
For advice and representation from our expert agricultural solicitors, contact us at our offices in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
Having the right farm business tenancy in place is crucial if you want to reduce the risk of disputes and ensure that both parties have the rights and responsibilities they envisaged.
Our farm business tenancy solicitors advise both landowners and tenants. We can draft a robust agreement and provide advice on the terms and conditions so that you can be sure you have the certainty and flexibility you need.
We have particular expertise in handling Agricultural Holdings Act (AHA) tenancies. Issues we deal with include those relating to tenancy succession and notices to quit. We also advise on section 6 notices, surrenders and their tax implications.
We have partners within our firm who have an extensive understanding of the complexities of environmental schemes and agricultural support schemes and we advise farmer clusters on multi-party, landscape recovery schemes. We also advise on compliance and deal with appeals where necessary, taking on cases against the Rural Payments Agency and Defra. In addition, we have experience appearing in the European Court of Justice on behalf of food producers.
As experts in the agri-tech sector, we have four partners with a high level of expertise in this fast-changing area of law. Our agri-tech solicitors work constantly to stay up to date with developments, ensuring that our advice and representation continues to lead the field.
Agricultural supply contracts are a critical part of a farming business and also provide a wide scope for disputes if they are not expertly drafted. Our agricultural supply contracts solicitors will take the time to understand your requirements and ensure that any agreement you enter into is robustly drafted and provides you with the security you need. We also deal with supply contract disputes.
Agricultural employment is a complicated area of law, particularly when taking on overseas workers. Our agricultural employment solicitors can ensure that your employment contracts are sound and compliant and that you have the protection and advice you need when taking on agency workers and overseas help. Where necessary, we will check that any agencies you use have a valid Gangmasters and Labour Abuse Authority licence.
Issues relating to tax, trusts and succession are far from straightforward for farming families and those with landed estates. Our team of agricultural tax, trusts and succession planning solicitors have exceptional experience and are able to guide families through even the most complicated decisions. We can explore the options open to you, suggest the best approach and ensure that you have the sound legal framework you and your family need for the future.
Deciding how to pass on a farm, agri-business or landed estate is never easy. Our agricultural Wills solicitors will work with you to identify what you want to achieve and put the structure in place to allow you to provide for the next generation in the way that you want.
We also deal with farming probate issues, ensuring that the estates of those with agricultural interests and land are wound up promptly and efficiently, with property and other rights passed on correctly.
Having a clear partnership agreement in place is essential to ensure that those involved understand what is expected of them and what rights and responsibilities each partner has. Our farming partnership solicitors have wide experience in drafting agreements that are precise and comprehensive, reducing the risk of misunderstandings and disputes.
We strongly recommend that farming couples have a pre-nuptial agreement or, if already married, a post-nuptial agreement setting out how matters will be dealt with between them both during the marriage and should the marriage end.
Divorce or separation is particularly difficult in the farming community, where the majority of assets are often tied up in family farms and agri-businesses. Our agricultural divorce solicitors have the experience to suggest a range of solutions to complex issues, ensuring that those involved have the support they need for the future while protecting the integrity of a family operation as far as possible.
It is easy to fall foul of the wide regulations imposed on farmers and landowners, and our agriculture defence solicitors have extensive experience supporting those facing prosecution. We always approach cases by paying great attention to the details and we will check that the case against you is valid. If it is not, we will request that it is struck out. Where necessary, we will ensure that you have a solid defence and expert representation in any court proceedings.
We provide prompt and responsive advice for dealing with specialist cropping and seasonal arrangements, including licences for the use of land and crop supply agreements.
Having the right business structure underpinned by a solid legal framework is essential if you want to avoid disagreements in the future. Our agricultural joint ventures solicitors can draft a robust contract setting out how an enterprise will be dealt with when more than one party is involved. We also deal with agri-business mergers and de-mergers and structuring farm businesses in the most efficient way, ensuring that those involved have the stake and powers agreed upon.
We have in-depth experience representing producer organisations and marketing co-operatives, advising on a range of issues including contracts and subsidies. We have particular expertise in the area of fruit and vegetable producer organisations, including representation in legal action.
Our agricultural property solicitors routinely handle farm sales, farm purchases and re-financing, representing some of the largest farming businesses and landowners in the country.
As well as an exceptional understanding of the sector, we are also experts in related areas, including managing country estates and property development.
If you are thinking of working with another party to farm land, it is essential to have a comprehensive agreement in place, setting out exactly what each party’s rights and responsibilities are. Our contract farming and share farming solicitors can advise you on the best structure and related issues, such as tax implications. We will draft robust contracts that you can rely on and which will reduce the scope for disagreement.
Our highly knowledgeable sustainable energy projects solicitors represent landowners and developers in a full range of issues, including large-scale solar farms, anaerobic digesters, offshore wind developments and battery storage facilities.
We deal with schemes of all sizes and offer the latest legal expertise as well as a sound commercial understanding of this rapidly expanding sector.
Our planning and development solicitors have experience in representing farmers, landowners and developers in a range of projects. We can advise on all types of agreements, including option agreements, promotion agreements, overage agreements and development agreements.
Our sporting, fishing and shooting rights solicitors can help you maximise the return from your land, ensuring you have an agreement in place that protects your asset while allowing you to profit from a deed granting rights to third parties.
We also defend legal action, deal with the enforcement of legal rights and provide representation in the event of disputes.
Disputes over rights of way and boundaries can quickly escalate if they are not dealt with promptly. Our rights of way and boundary disputes solicitors can step in to try and resolve matters without the need for court intervention and before the situation deteriorates.
Farmers, land owners and food producers are required to comply with a vast amount of legislation in respect of issues such as environmental contamination, waste management, nuisance and hygiene.
Our food and environmental law solicitors can provide practical advice on compliance and complaints as well as representation in the event of prosecution.
We provide advice to farmers in respect of rights attaching to common land, as well as to developers. Our common land solicitors can discuss the potential for commons de-registration and common works applications for developers, as well as challenging the registration of land as a town or village green.
Our equine law solicitors offer a full range of services to the equine industry, including the effect on subsidy claims of letting land for horses, planning issues for stabling and riding centres, grazing and livery agreements, gallops agreements and equestrian centre leases and purchases.
If you are facing prosecution in respect of animal welfare offences, including by the RSPCA, trading standards or local authorities, our animal welfare solicitors can provide regulatory advice and defence services.
There is a wide scope for disputes in the farming industry, whether this is over a tenancy, a contract or payments that are owed. Our agricultural disputes solicitors can step in to try and resolve matters promptly before a disagreement becomes harder to deal with. Where necessary, we can negotiate on your behalf or represent you in litigation.
As a farmer, land or estate owner, it is essential to ensure that any provision of accommodation is correctly documented. Our agricultural property solicitors can ensure that you do not inadvertently grant an assured agricultural occupancy if you are providing agricultural housing. We will check that you have complied with all of the legal requirements, including serving a Form 9 landlord’s notice before occupation commences.
We have solicitors specialising in natural capital opportunities, including carbon farming and nutrient neutrality provision. We are experienced in working with public schemes and private funders.
Health and safety in agriculture and agri-business is a challenging area, and if you are facing an investigation by the Health and Safety Executive or charges have been brought against you, you need expert representation to ensure your interests are observed. Our health and safety solicitors can attend interviews with you, challenge notices where necessary and provide a robust defence if you are required to attend court. Prompt action is essential, and we suggest that you contact us straight away.
We have an exceptional understanding of the issues facing owners and managers of landed estates and a nationwide reputation for the wide range of services we provide to help keep estates running smoothly.
Legal issues that our expert landed estates solicitors handle include managing property portfolios, employment matters, trust and tax advice and land and property disputes.
Our poultry solicitors have been representing poultry meat and egg producers for many years and have a reputation as experts in the sector. We advise at all stages of production and business operation, from start-ups to mergers and acquisitions. Our services include drafting and advising on contracts, breeder rearing agreements, planning issues and property advice for poultry sites.
With flooding an increasing problem for farmers and landowners, our water and flood management solicitors provide a wide range of advice and representation, including in relation to insurance claims, boundary issues in areas of coastal erosion, agreements relating to flood defences, orders to clean ditches and negligence claims relating to land drainage.
As a leading national agricultural law team, our agriculture lawyers have an exceptional depth of experience across the full spectrum of legal issues affecting those in farming, agri-business and land and estate management.
Our advice and recommendations will be pragmatic and perceptive. We have the understanding to find innovative solutions to challenging situations and provide the guidance you need to take advantage of opportunities that may be open to you.
Our agriculture team contains numerous partners with specialisms including agri-tech, agri-food, contract disputes, succession planning and agricultural property.
For advice and representation from one of our expert agricultural solicitors, contact us at our offices in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
Insights
In this short blog, Julie Robinson looks at whether tenant farmers faced with a Case B notice to quit can successfully challenge that notice where land continues to have some agricultural use following development. The grounds for a Case B notice to quit...
Agri-tech projects can undoubtedly provide some welcome solutions to the farming industry and although many systems are in their infancy, we are seeing on-farm automation make a difference. However, that doesn’t mean to say agri-tech projects come...
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