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Agricultural tie on property

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Comments

  • The document came from the owners solicitor.
    The present owner inherited the bungalow from his parents and is adamant that he did know about the tie.
    He is looking at ways to get it lifted.
    We were due to exchange contracts in a weeks time but this has put a spanner in the works, any idea of the time scales involved.
  • monzaman wrote: »
    I am just about to by a bungalow and have been advised that it has a tie which restricts the ownership to people working in agriculture or forrestry.
    The present owner has lived there for 33 years and was unaware of the tie.
    He has nothing to do with agriculture or forrestry, the bungalow sits on 2 acres mainly laid to lawn.
    The property is 5 bedroom and valued in excess of 500K.
    My question is would I be able to apply to hve the tie lifted or is it the present owner who should apply for it.
    Does any one know how long the application takes.
    Any help appreciated.

    Current owner should apply for a "Change of Use". He/She will need to supply evidence such as sworn affidavits.

    I'm pretty sure that the local planning authority (Council) have to allow 4 weeks notice from the date you submit your application, but expect the process to be much, much longer. I assume the property is in a rural area? If so, then there will be a general resistance against allowing this property to revert to residential, so any evidence will be very closely scrutinised.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • The property is semi rural, one neighbour manufactures ornimental electric gates, the other makes kitchen units.
    Neither side have the tie on thier properties.
    No agriculture in the close proximity.
  • If the seller can show that the condition has been breached continuously for over 10 years then he can apply for a certificate of lawful use - which is not the same as applying for planning permission for a change of use. The former relies on proving facts i.e. the occupier was not employed in agriculture/forestry (or whatever the condition says) - the latter requires proof that the condition no longer serves a useful purpose and compliance with the the planning authority's requirements as to advertising etc usually for a year or more.

    The seller will need to do something like obtain a certificate of lawful use. If he had it marketed for £500K and didn't know about the ag-tie then one would have assumed that the agents didn't know about it either and the price would be lower with it. So OP simply either withdraws (if he is getting a mortgage) or offers about 30% less to reflect the ag-tie. If they can obtain a certificate of lawful use on proof of long continuous breach then that is the easiest route for them to follow and they will do that pretty quickly, won't they? Otherwise value of property falls.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • If the seller can show that the condition has been breached continuously for over 10 years then he can apply for a certificate of lawful use - which is not the same as applying for planning permission for a change of use. The former relies on proving facts i.e. the occupier was not employed in agriculture/forestry (or whatever the condition says) - the latter requires proof that the condition no longer serves a useful purpose and compliance with the the planning authority's requirements as to advertising etc usually for a year or more.

    Thanks for clarifying that ..... don't know what I was thinking. Too late and one too many I should think :o
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Thanks for the good advice Richard.
    If a certificate of Lawfull Use was granted how would this affect the property price if I sold the property in the future.
    Do you know what time scales this would take.
  • Shouldn't reduce normal market value of a proeprty without any ag-tie but you would need to be careful that you complied with whatever certificate was given as to the use. For instance I would expect a lawful use certificate to say that it was lawful to use the property without complying with condition X (the ag-tie) of the relevant planning permission. Virtually anyone could comply with that.

    If it was more limited in some way then there could be problems,e.g they might try to ite the use of the hosue with the use of the land so that even if the house was not occupied by a farmer the land would still have to be used for farming, e.g by another farmer under a tenancy or grazing licence.

    Another point that the sellers will need to watch is that they have to show continuous non-agricultural occupation - so if the property was empty for a period this would stop the continuity!
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • i have recently bought my dads house of him with an ag tie on it i have no connections to agriculter, my question is ,is it possible to get planning permision on a plot of land that came with house or does the tie have to be lifted .

    many thanks
  • dalli wrote: »
    i have recently bought my dads house of him with an ag tie on it i have no connections to agriculter, my question is ,is it possible to get planning permision on a plot of land that came with house or does the tie have to be lifted .

    many thanks

    Get the tie lifted first. Are you saying that your Dad did not work in agriculture? And hasn't done so for the last 10 years of occupation? If so, he needs to provide a sworn declaration to this effect. Best to use a local plannning agent to help with this - find a few that market agricultural properties locally and then ring around for some estimates.

    Planning permission for what, exactly? Even with the tie lifted, I guess this property is in a rural area and development tends to be more strictly controlled. You need to look at the local development plan to see what is generally allowed. The planning agent you use to lift the tie should be able to advise.

    Personally, I would deal with the tie first and not waste money on a PP application until the tie is resolved.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • dalli wrote: »
    i have recently bought my dads house of him with an ag tie on it i have no connections to agriculter, my question is ,is it possible to get planning permision on a plot of land that came with house or does the tie have to be lifted .

    many thanks

    As DFC says, you should concentrate on the agricultural condition first. They are not easy to lift - unless, like others have said above, it has not been complied with for a continuous period of at least 10 years and you can prove this. As said above, if it's in a rural area, the chances for getting planning permission for something else (a new dwelling?) on the plot of land are pretty slim.
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