Working In The South West - Charles Wreford-Brown
What are you up to? Are you busy? 
These are probably the most frequently asked questions that I receive from my clients and I set out below an example of the varied and complex work that has come across my desk in the past few months...
Farm property sale
A sale was agreed of a South Hams Farm in the early summer of 2010. Numerous post agreement issues then arose, all of which had to be dealt with by the specialist team here at Luscombe Maye, which included:
Retrospective planning application to correct unlawful works.
Single payment transfer from vendor to purchaser.
Negotiations with Natural England over stewardship.
Valuation for ingoing of growing crops, produce and stores.
This paved the way for exchange of contract.
Arbitration work
The team at South Brent acted on behalf of a landlord on a “notice to remedy”, requiring the tenant to comply with the terms of his tenancy agreement. Evidence was given by the parties in front of an Arbitrator whose decision was received requiring the tenant to carry out the prescribed work as defined by the landlord in accordance with the specified time limit.
Rent renewals
A number of rent renewals on farms/bare land were settled under both the 1986 Agricultural Holdings Act and the 1995 Agricultural Tenancy Act (Farm Business Tenancies), following the 29th September 2010 renewal date. We acted here on behalf of both landlords and tenants.
Inheritance tax
Formerly called “Probate Valuations”, these valuations require the entire Estate of the deceased being valued, whether it is agricultural or residential properties, live and dead farming stock or other assets.
Negotiations with the HMRC District Valuer then take place to achieve the best settlement reflecting recent Case Laws (Balfour, Antrobus etc.). Life being what it is, throughout the year there are always ongoing valuation negotiations taking place with the Revenue’s Valuer.
Dispute resolution
We acted as Expert in County Court proceedings just prior to Christmas on a boundary dispute matter. Ongoing for the last two years, this matter was finally resolved by Court proceedings, where we gave evidence in front of a County Court Judge.
In addition, two appointments have been received to act as Joint Expert between the parties disputing the valuation of agricultural property and two further appointments to act as Arbitrator in disputes involving farm rental and dissolution of partnership.
AGM's around the kitchen table
December and January are typically the AGM months for grazing and contracting agreements between landowner and occupant. The parties sit around the “kitchen table” and agree the 2011 issues of cropping, stocking, fertilising, fencing, single payment, stewardship and contracting costs, etc.
Our role is to act as “chair” to such meetings and to broker the agreements, to ensure parity and fairness and to compile the necessary paperwork.
Grass lets
January is the start of the annual ongoing round of grass let negotiations on behalf of landowners. From our South Brent office alone, in excess of 60 annual lettings will take place, covering many acres within the South Hams.
Other work
Many other negotiations continued over the past two months which annually become more and more complex and litigious, for example:
Agricultural Holdings Act Successions to Commons Grazing Rights negotiations and appeals.
Sales of blocks of land to negotiations on the purchase of commercial sites for clients and farms for sitting tenants or private purchases.
Long term strategic planning for two very large schemes, which have been ongoing for seventeen and thirteen years respectively.
Smaller schemes coming off the drawing board now, from sites for six to twenty affordable homes adjacent to villages within the region, to relatively major urban extensions in the South Hams and Teignbridge areas.
Our work is varied and we are pleased that within Luscombe Maye we have the expertise to cover most aspects of professional work to meet the demands and requirements of our land owning clients.
Charles Wreford-Brown FRICS, FAAV
Consultant: Rural & Agricultural Property
D: 01364 646171 M: 07836 724113
E: charles.wreford-brown@luscombemaye.com