Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • beefster
    • By beefster 10th Oct 17, 2:22 PM
    • 718Posts
    • 67Thanks
    beefster
    Seeling with Agricultural tie.
    • #1
    • 10th Oct 17, 2:22 PM
    Seeling with Agricultural tie. 10th Oct 17 at 2:22 PM
    I am about to put my small holding up for sale. It has a standard ag tie attached to it.
    I have approached an agent who has valued the property etc. He has commented that he has to find a buyer who can comply with the ag tie and satisfy the local council they are a suitable purchaser??


    Can anyone advise if this course of action is correct. I took him at his word but am now thinking surely its buyer beware! Why would the council need to be involved in the sale?
    I save so I can spend.
Page 1
    • Surrey_EA
    • By Surrey_EA 10th Oct 17, 2:35 PM
    • 1,148 Posts
    • 1,347 Thanks
    Surrey_EA
    • #2
    • 10th Oct 17, 2:35 PM
    • #2
    • 10th Oct 17, 2:35 PM
    I believe the advice you have been given is correct.

    The council need to be involved as the occupancy restriction is part of the planning conditions of your property.

    Properties with a agricultural occupancy restriction obviously have a limited market, and therefore frequently sell at a lower price point than if it did not have such a restriction.
    • lincroft1710
    • By lincroft1710 10th Oct 17, 2:47 PM
    • 9,726 Posts
    • 7,755 Thanks
    lincroft1710
    • #3
    • 10th Oct 17, 2:47 PM
    • #3
    • 10th Oct 17, 2:47 PM
    If you fail to sell and provided that you have properly marketed the property at a reasonable price, then you could demonstrate there is no demand for such a property and possibly get the ag tie removed.
    • Working hard
    • By Working hard 10th Oct 17, 6:07 PM
    • 1 Posts
    • 1 Thanks
    Working hard
    • #4
    • 10th Oct 17, 6:07 PM
    Selling
    • #4
    • 10th Oct 17, 6:07 PM
    The Occupancy condition controls who can occupy the property, it does not control who can own / buy the property. If a buyer who does not comply with the condition makes an acceptable offer the seller is quite at liberty to accept the offer. Equally there is quite a high risk that the sale will not go through as getting a mortgage for a dwelling with an occupancy condition can be problematic and the buyers Solicitor might also advise against the purchase.
    The Estate agent might be trying to filter out these offers that are unlikely to complete..
    • Davesnave
    • By Davesnave 10th Oct 17, 7:41 PM
    • 23,301 Posts
    • 88,882 Thanks
    Davesnave
    • #5
    • 10th Oct 17, 7:41 PM
    • #5
    • 10th Oct 17, 7:41 PM
    The rigorousness with which agricultural ties are policed depends very much on the particular council, but certainly there is no requirement for the EA to directly involve the council in the marketing. I expect you have chosen an EA who wishes to apply a 'waste of time filter.' Most of them would print an appropriate warning in the advert and direct those interested to consult the council about their plans, but I don't think many would act as a 'go-between.'

    Ironically, about the only people who buy ag-tied properties these days are those who can purchase outright, and ultimately it's up to them whether they consult the local authority, or not. The parish council and local busybodies are more likely to flag up non-compliance than some visiting official from county hall, but in places where it's common, such information may fall on largely deaf ears. Frankly, in those areas, the council would rather not know, as they haven't the money, time and staff to enforce every breach.

    Because they tend to represent particularly good value, ag-tied properties create good interest, much of it from people who need mortgages. If these are very restricted, or only available to them at punitive rates, sales then fall through. There are also dreamers who think they'll keep a few chickens and a pig by way of compliance and then discover that plan is flawed, so they bottle-out.

    By attempting to filter interested parties, your agent may simply be trying to save you a lot of aggro and frustration. I would clarify what, exactly, they mean by "satisfying the local council." When we bought our ag-tied property, the agent asked us to speak with the appropriate bod on the council, but there was no compulsion, introduction or reporting-back on the outcome.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • beefster
    • By beefster 17th Oct 17, 9:46 PM
    • 718 Posts
    • 67 Thanks
    beefster
    • #6
    • 17th Oct 17, 9:46 PM
    • #6
    • 17th Oct 17, 9:46 PM
    Thanks for the replies.
    I have been living in the property in breach of the tie since inheriting the property in 2011. Nobody queried the passing of the property to me.

    The tie relates to occupancy as said. So my thoughts are similar to some above as in anyone can buy it but not anyone can legitimately occupy the property.

    I am forever thinking someone is having me over after a bad experience years ago. One bitten and all that...

    We have had one offer already and lots of views since going on sale a week ago. One viewer was blatantly on first name terms and knows the agent who came with him to visit. No mention of the tie etc then but when the agent has come with others it’s really thrust into conversation. Do agents generally come to viewings when the vendor is there anyway?
    It is there in big letters on rightmove for all to see as it should be.

    Paranoia maybe... :0)



    Feel like he is putting some interested parties off but can understand points above as to why.
    I save so I can spend.
    • Davesnave
    • By Davesnave 18th Oct 17, 8:14 AM
    • 23,301 Posts
    • 88,882 Thanks
    Davesnave
    • #7
    • 18th Oct 17, 8:14 AM
    • #7
    • 18th Oct 17, 8:14 AM

    We have had one offer already and lots of views since going on sale a week ago. One viewer was blatantly on first name terms and knows the agent who came with him to visit. No mention of the tie etc then but when the agent has come with others it’s really thrust into conversation. Do agents generally come to viewings when the vendor is there anyway?

    Feel like he is putting some interested parties off but can understand points above as to why.
    Originally posted by beefster
    There are no hard & fast rules, but smallholding viewings tend to be owner-led because of the questions that are likely to be asked about the land etc and the time it takes to walk it all. Sometimes, the agent will accompany for the house and then leave, rather than get their shoes dirty.

    Agents will know locals on the look-out for a smallholding or a re-development property, not necessarily ag-tied. I have been subject to a couple of unsophisticated attempts to put me off a property. Sometimes, however, it's the owner who is behind this, if their intention is to market and 'prove' there's no interest, with the idea of having the tie removed. I experienced that once.

    Why not get a friend or friends to ring and enquire about your property and see what the agent's response is?
    'A society grows great when old men plant trees whose shade they'll never sit in.'
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,226Posts Today

8,058Users online

Martin's Twitter
  • Hurrah! The ASA's ruled against 2 fake Facebook ads using my image https://t.co/GvNrqDPOC5 tho Facebook still shows others

  • PS Today's poll is obviously inspired by the real question I was asked and tweeted about last night.

  • Not all firms have panels and HR teams. There are many very small businesses out there without such resources :) https://t.co/cLo0zO7Yqu

  • Follow Martin