Farms and Estates A Conveyancing Handbook, 2nd edition

Author: Christopher Jessel; Henry Goulding
Publisher: LexisNexis U.K.
ISBN: 9780853089841
Published In: March 2006
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
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Written by two leading agricultural lawyers, it guides you through the complexities of advising on the sale and purchase of rural land.

Farms and Estates: A Conveyancing Handbook is the only textbook dedicated to this subject. Written by two leading agricultural lawyers, it guides you through the complexities of advising on the sale and purchase of rural land - a process that frequently raises technical problems which differ greatly from standard conveyancing transactions such as dealing with unregistered land, grants, tenancy problems and the transfer of employees and contracts for plant and machinery.

This new edition takes account of recent major legislative developments including the Single Farm Payment which came into effect in May 2005, the Land Registration Act 2002 and the Countryside and Rights of Way Act 2000. Also covered are Stamp Duty Land Tax and the Hunting Act 2004 and the Commons Bill 2006.

Farms and Estates: A Conveyancing Handbook provides a practical explanation of the subject, highlighting what the professional adviser must look for and how a deal should be structured to avoid tax and other problems. It also includes 18 precedents.

Narrative

Introduction
The Transaction
The Sale
The Principals
Local Variations
The Professional Team
The Land
The Title
Roads and Ways
Services
Common Land and Open Spaces
Wild Creatures, Sporting and Conservation
Trees and Timber
Mines and Quarries
Covenants
Planning
The Environment
Agricultural and Farm Business Tenancies
Residential Tenancies
Businesses and other Leases and Licences
Grants and Payments
The Farming Business
Diversification
The Conveyancing Process
Searches and Information
Finance
Proceedings and Notice
Taxation

Checklists

Checklist (Seller)
Checklist (Buyer)

Enquiries Before Contract

Title
Benefits
Covenants and other Restrictions
Boundaries
Adjoining Property and Disputes
Access
Notices
Planning and Related Matters
Local Authority Matters and Outgoings
Services
Watercourses and Dams
Sporting Rights
Timber
Agricultural or Environmental Schemes
Single Farm Payment and Quotas
Environmental
Fixtures and Fittings
Buildings, Installations and Physical Condition
Employees
Diseases
VAT and Capital Allowances
Ancient Monuments and Treasure
Agricultural and Other Tenancies
Miscellaneous
Completion
General

Precedents

Restrictive covenant – general form
Right of way – granted
Drainage – granted
Lift and shift – reserved
Existing agricultural tenancy – severed reversion
Minerals – no surface entry – reserved
Minerals with surface entry – reserved
Adjoining land development rights – reserved
Pipes – reserved
Future easements – reserved
Sporting (short form) – reserved
Sporting (long form) – reserved
General rights – reserved
Environmental agreement
Holdover
Early entry
Milk quota

Christopher Jessel and Henry Goulding, Partners at Farrer & Co

"an excellent book ... the practical and detailed account contains nuggets of information which will benefit even the most experienced of practitioners ... extremely readable"
Solicitors Journal