Agricultural Occupancy Condition

AdamtheGardener

Hi everyone - and thanks to all that are taking part in this discussion, it really is very interesting reading. I've another scenario to throw into the mix..

I've spent the past few years studying and working as a private gardener (RHS qualifications, Arboriculture qualifications, NPTC licences for chainsaw, pesticides etc). My wife and I are now looking to move and buying a house/land with an agricultural tie certainly looks financially attractive. It's also normally rare to find a small house with a good acreage too.

• We would not need a mortgage
• I would continue to work as a private gardener to customers in towns/villages near to the new house
• I intend to start a small plant nursery and sell the plants to gardening customers and local farmers markets.

Questions
1. From what I've read about an agricultural tie, it does include horticulture and also plant nurseries, so can I assume that my work qualify for that?

2. As we'd be moving to a new area the business would only start up once we'd arrived.. Is that ok?

3. My wife would be working locally in schools, but I'd be spending more hours working than her - is it ££ of income or amount of time that's important?

4. Agricultural ties normally say about working in "Agriculture" in the locality, so not necessarily on your own land - would my work qualify?

Any advice/guidance appreciated.

Thanks,

Adam:D

Davesnave

AdamtheGardener wrote: »

Questions
1. From what I've read about an agricultural tie, it does include horticulture and also plant nurseries, so can I assume that my work qualify for that? Yes.

2. As we'd be moving to a new area the business would only start up once we'd arrived.. Is that ok? That's fine, so long as you are working in the area - about 20miles radius, assuming the tie says, "in the locality.".

3. My wife would be working locally in schools, but I'd be spending more hours working than her - is it ££ of income or amount of time that's important? Only one of you need count and it's the time spent, working in a qualifying job, not the income.

4. Agricultural ties normally say about working in "Agriculture" in the locality, so not necessarily on your own land - would my work qualify? Yes, horticulture and growing plants for resale is included, on and off the site.

Any advice/guidance appreciated.

Thanks,

Adam:D

Sorry, bit of a rush job as I'm going out now!

Busy_spider

Hi there does anyone have any experience of an agricultural tie coming to light when trying to sell a property. The tie was not picked up when the property was purchased and there is no mention of it in the deeds or any of original paperwork, any advice / experience much appreciated.

Davesnave

Busy_spider wrote: »

Hi there does anyone have any experience of an agricultural tie coming to light when trying to sell a property. The tie was not picked up when the property was purchased and there is no mention of it in the deeds or any of original paperwork, any advice / experience much appreciated.

Where is the tie recorded if it is not in the title documents?

Personally, I would challenge the current validity of a tie that neither appeared in the title recorded at the Land Registry, or in the other documentation available at the time of purchase.

Maybe the Land Registry Representative will see this and comment.

Busy_spider

Davesnave wrote: »

Where is the tie recorded if it is not in the title documents?

Personally, I would challenge the current validity of a tie that neither appeared in the title recorded at the Land Registry, or in the other documentation available at the time of purchase.

Maybe the Land Registry Representative will see this and comment.

Thank you for coming back to me regarding this,

The property was purchased 25 years ago and a mortgage was raised against the property all necessary searches were carried out by the solicitors at the time of purchase and at no time was there any indication given that an agricultural tie was present.

We have now found a buyer for the property and as such they have carried out searches and their solicitors seem to think that they have come across a tie relating to the property. I am unsure how they have uncovered this and why it was never picked up when we bought it obviously we would never have purchased this property had we known and I'm incredibly surprised that the mortgage company lent the funds on it.

If it transpires there is a tie we will lose our buyer as well as the house we are trying to purchase and the property may well be worth substantially less, who can we hold responsible for the error in information as at present I feel very duped.

harrys_dad

Surely your first course of action is to get your solicitor to ask the buyer's solicitor what evidence they have of this supposed "tie".

poppysarah

Busy_spider wrote: »

The property was purchased 25 years ago

the property may well be worth substantially less, who can we hold responsible for the error in information as at present I feel very duped.

Is the house not worth a lot more than you paid for it 25 years ago?

Busy_spider

harrys_dad wrote: »

Surely your first course of action is to get your solicitor to ask the buyer's solicitor what evidence they have of this supposed "tie".

I'm just waiting for the council to come back to me with copies of the microfishe files so should be able to see more accurately what they have found

Busy_spider

poppysarah wrote: »

Is the house not worth a lot more than you paid for it 25 years ago?

Yes it is but it's all relative as you know, at the time we purchased it, it was at full market value where a property with a tie can be upto 30% below market value

lincroft1710

When was the house built? Is it on its own or are there other dwellings to either side?

I've come across the reverse situation, where someone thought their house had an ag. tie, but the council had no record of one.