Help--- What is a pre-exemption?

scubaleopard

I have had a letter from my local Parish Council asking if I will

"" Give the Parish Council a right of pre-exemption " if I should ever wish to sell a piece of land that I own.

Can anybody tell me what they mean and what it would involve-- i.e is such a thing legally binding if I change my mind at a later date. Do they have to mtch the market value?

I would be very grateful of advice.

LandyAndy

Why not ask the Parish Council themselves what they mean. That way you can be certain you have the right interpretation.

nickcardwell

pre-exemption means give them the first chance/offer to purchase land from you.

So it sounds like... Your local parish council is looking to know if you have any land they would like to have first chance to purchase it from you before anyone else if you decide to sell it.

Debt_Free_Chick

Essentially, it's a first refusal. They're asking "If you ever want to sell, will you enter into an agreement to sell to us, first".

Legally, a right of pre-exemption is likely to have all other sorts of terms & conditions. If you are agreeable, in principle, then explore it in more detail. But you are likely to incur solicitor's fees (unless you're happy not to take advice) so you might want to ask the PC if they would consider a contribution towards your costs. I doubt they will have much in the way to contribute as they are, essentially, spending Council Tax payers money and they obviously need to be careful about wasting it.

HTH

thescouselander

I would tell them where to go if I were you. Why would you want to give anyone any rights over your land? Are they offering anything in return?

Tahiti

I personally wouldn't agree to it on the face of it - what do you gain from agreeing? I'd ask the council to confirm what the purpose is.

Without getting legal advice (at your cost) it seems that you would be entering into a contract to agree to give them first refusal (aside from any other caveats that are included) on land. This might limit your future options.

Debt_Free_Chick

Parish Councils just don't buy up land willy-nilly. In fact, they can only acquire land for a statutory purpose - although that could include "for the benefit, improvement or development of the area" (section 124(1) Local Government Act 1972).

So, the reason why they're interested in your land might then influence your decision. They might want to protect the land from housing development (if, indeed, it ever could be developed) and/or provide a recreational facility for local people. Perhaps build a new village hall? A cricket pitch? Allotments?

If the reason for acquisition might persuade you (and some people are very open to this) then at least listen to what they say. What have you got to lose, until you know what they have in mind?

HTH

p.s. Yes - I am biased, as a Parish Council Clerk

thescouselander

Debt_Free_Chick wrote: »

Parish Councils just don't buy up land willy-nilly. In fact, they can only acquire land for a statutory purpose - although that could include "for the benefit, improvement or development of the area" (section 124(1) Local Government Act 1972).

So, the reason why they're interested in your land might then influence your decision. They might want to protect the land from housing development (if, indeed, it ever could be developed) and/or provide a recreational facility for local people. Perhaps build a new village hall? A cricket pitch? Allotments?

If the reason for acquisition might persuade you (and some people are very open to this) then at least listen to what they say. What have you got to lose, until you know what they have in mind?

HTH

p.s. Yes - I am biased, as a Parish Council Clerk

The OP has everything to lose by entering an agreement with the parish council. Who knows what the legal implications are if the OP agrees to this arrangement. It will probably cost to find out and it would certainly be a bad idea to enter an agreement without doing some research.

Alternativly the OP could refuse and they will still have full rights over their land. Also this will not cost them a penny.

I agree that it would be a good idea to find out about the councils motives though.

Debt_Free_Chick

thescouselander wrote: »

The OP has everything to lose by entering an agreement with the parish council.

Neither they, nor we, know that until they find out precisely the terms that the PC is prepared to offer. You can't just respond to the initial letter saying "Yes, that's it. We now have an agreement"! They need to see what's involved.

Who knows what the legal implications are if the OP agrees to this arrangement. It will probably cost to find out and it would certainly be a bad idea to enter an agreement without doing some research.

Agreed - so let the PC either put the outline proposals to the OP or, at their own cost, produce a draft agreement.

Alternativly the OP could refuse and they will still have full rights over their land. Also this will not cost them a penny.

Or find out more, without signing any agreement

I agree that it would be a good idea to find out about the councils motives though.