Welcome to this Autumn edition of AgriLore.
In recent months, there have been a few notable announcements from our governments which will impact the agricultural sector and will no doubt continue to keep our Agriculture team busy.
First, the Agriculture (Wales) Act 2023 came into force in August, providing a legislative framework for the future of Welsh agricultural policy. A summary of the key provisions of the Act can be found here.
A notable difference from the English position is the dispute resolution provision for agricultural tenants. Whilst in England, only tenants under Agricultural Holdings Act 1986 tenancies can apply to override the terms of their tenancy agreements in certain circumstances, the Welsh government has extended this right to those farming under Agricultural Tenancies Act 1995 tenancies. This will have implications for the drafting of Welsh FBTs and landlords will need to bear this in mind when considering the restrictions they wish to place on their tenants.
Secondly, the government has announced that the second phase of High Speed 2 (HS2) will be cancelled. This will have a huge impact on landowners across the country and we wait with interest to see how the disposal of land acquired for this phase and no longer needed will be handled. More information on the rules and HS2 land disposal policy is available from Adam Corbin and Marie-Louise King here.
In this issue of AgriLore, we consider a wide range of topics, including the tax issues to be considered on the surrender and re-grant of a tenancy, the legality of wild camping, and what might happen if a shareholder in a farming company feels they are being treated unfairly by their fellow shareholders.
We also report on three cases which provide salient reminders of the issues which can arise when due process is not followed by professionals, or landowners rush to complete documents without proper understanding of their terms.
This Autumn sees the launch of our Strategic Land Podcast series, discussing issues relevant to the development of strategic land. Topics covered include demystifying tax when it comes to promotion agreements, addressing any legacy concerns landowners may have and of course considering how the natural capital potential of land can be captured when land is being sold for development or acquired under compulsory purchase. We hope that you find these podcasts enjoyable and informative.
Finally, we are pleased to announce that we will be holding an Agriculture Roadshow in February 2024 – details of dates will follow and we hope we will see many of you there.
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