Agricultural occupancy condition.

TDG

I sold my business (not agricultural related) about 6 years ago. Since then I have worked on a farm when needed during busy times ie. ploughing, spraying, harvest etc. The farmer has now contracted out the farm and my services are no longer required. I am interested in buying a property with an AOC (house and 4 acres). Will I and my wife be allowed to legally occupy the property? We do not intend to operate it as a full scale commercial operation but more as a "hobby" farm. I will reach State Pensionable age in 2012.
Thanks TDG.

Richard_Webster

Depends on the precise wording of the condition, but if you do not do very much but agriculture is all you do do, then that should be OK.

Wording is more critical if you have another main occupation and the farming is a sideline. The you are much more likely to fall foul of an AOC.

TDG

Richard, thank you for that. The wording of the AOC according to the property details is "The occupation of the dwelling, hereby permitted, shall be limited to a person solely or mainly working, or last working in the locality in agriculture or in forestry, or a widow or widower of such person and to any resident dependants".
My last work was the casual/parttime work on the farm. I have income from investments and a private pension, state pension next year. The property in question is about 15 miles from our current home but still within the same Local Authority area. Any further thoughts?

Thank you
TDG

zcrat41

Hi, I'd def take some advice from some Land Agents on this one.
ZC

Richard_Webster

Richard, thank you for that. The wording of the AOC according to the property details is "The occupation of the dwelling, hereby permitted, shall be limited to a person solely or mainly working, or last working in the locality in agriculture or in forestry, or a widow or widower of such person and to any resident dependants".
My last work was the casual/parttime work on the farm. I have income from investments and a private pension, state pension next year. The property in question is about 15 miles from our current home but still within the same Local Authority area. Any further thoughts?

Provided that when you last worked in agriculture that was you main or sole occupation then you qualify as having last worked in agriculture. the other issue is about the locality and you might have to check with the Planners as to how they define that. i would guess that the sparser the population of the area generally the further out a l"locality" would go.

If you intend to hobby farm on the holding then providing you do not carry on some other occupation as well that takes up more time/brings in more income then you will qualify as "solely or mainly working, or last working in the locality in agriculture"

Davesnave

As far as I recall, these days 'the locality' is normally regarded as a 20 miles radius of the property, but might be stretched in areas of particularly low population, or in especially worthy cases.

You would seem to have no problems on that score, though as Richard says, I'd still phone and check with the local authority.