Agricultural tie and income

Rose_Beth

We've seen a house we'd like to purchase that has an Ag tie. The vendor is a retired farmer.
My husband is due to retire soon and will draw his private pension, I do not work.
As far as we understand, the rules for an Ag tie property are that your largest income must be from the land. Would my husbands pension be classed as our main income, and would we have to earn more than this from the land in order to satisfy the Ag tie?

G_M

Certainly seems logical.

Does your husband's pension come from agricultural work? The purpose of these restrictions is to provide housing for ... well.... farmers and such. Is/was he, or you, a farmer.... or suchlike?

Davesnave

The size of the agricultural income isn't the key matter; it's the amount of time spent working on the land which counts.

If someone spends, say, 30 hours a week on the land and 16 hours in the village shop, the latter employment is subsidiary. It might pay better than rearing sheep or growing vegetables, but that's irrelevant. Small scale agriculture is rarely very profitable.

In the case of a married couple, the work of either partner could qualify them to live in an ag-tied property, so you could be that person, even if your husband is retired.

The greatest difficulty with ag-tied houses is obtaining a mortgage at a reasonable rate. It's farcical, because they were conceived as an affordable way into agriculture, or for someone already in it to house themselves cheaply.

Times change, so nowadays, it's people who can afford to purchase outright who often buy these properties.

Policing of ag-ties varies, but with the cuts, it's likely to be something devolved to parish councils, which keep a general eye on many things. Where I am, the council strongly opposes attempts to have ties lifted, but they don't seem to have any interest in ensuring compliance.

I suggest you speak to a solicitor familiar with rural matters in the local area concerned. They will advise on the wisdom of purchase, which would take the amount of land attached into account, which could range from almost zero to tens of acres.

One thing no country people like to see is land being left idle and going to ruin, so if there is land involved, make sure you have a plan for it, and don't underestimate the cost of things like fencing and maintenance.

Rose_Beth

No, nothing to do with agriculture

Rose_Beth

I am unable to work, we hope to buy the property without requiring a mortgage.
The only way we think we could earn money from the land (the farmland was sold off years ago) is by setting up poly tunnels and growing and selling trees.
Then maybe chickens (breed and sell rare breeds) and possibly pigs.
We don't want a major income because we can live off his pension.

Hoploz

How much land is it then, if the farmland was sold off? I'm wondering whether the ag tie would have been or should have been adjusted according to this sale?

Piggywiggy

To live in an ag tied house one if you is supposed to work or be retired from a career in agriculture or forestry.

Davesnave

Rose_Beth wrote: »

I am unable to work, we hope to buy the property without requiring a mortgage.
The only way we think we could earn money from the land (the farmland was sold off years ago) is by setting up poly tunnels and growing and selling trees.
Then maybe chickens (breed and sell rare breeds) and possibly pigs.
We don't want a major income because we can live off his pension.

Not requiring a mortgage is good.

None of the activities you've described is likely to lead quickly to significant income, but maybe that doesn't matter, as a business is a way to ease yourself into one of these properties, even if it fails.

When we bought the ag-tied place we live in now, my wife and I ran a horticultural business for a couple of years before 'retiring.' Like your husband, I have a work-related pension.

Once someone has been in place for a while, I'd think it unlikely any enforcement action would be taken by the local authority, who have other priorities for their restricted funds.

However, as I said earlier, check these things out with a clued-up solicitor who knows the area, as individuals like me only know their own, and maybe the one next door, in detail.

Davesnave

Hoploz wrote: »

How much land is it then, if the farmland was sold off? I'm wondering whether the ag tie would have been or should have been adjusted according to this sale?

Unlikely. Most owners of tied properties would have the tie removed, if they could, due to the immediate uplift in value.

There is no requirement for an ag tied house to have any significant land, as the original 'need' might have been for a house on-site for a worker required at all hours. e.g. pig farrowing.

Freecall

Rose_Beth wrote: »

No, nothing to do with agriculture

Then why do you think that you could satisfy the requirement?

Rose_Beth wrote: »

The only way we think we could earn money from the land (the farmland was sold off years ago) is by setting up poly tunnels and growing and selling trees.
Then maybe chickens (breed and sell rare breeds) and possibly pigs.

Income has nothing to do with it. Your occupation (or former occupation if retired) needs to be primarily in agriculture or forestry or (very rarely) some other specified area.

It is also unlikely that the activities you specify qualify as agriculture within the meaning of the T&CPAs.

Your best bet is to contact the office of your Local Planning Authority for guidance as it will be them who control who is suitably qualified for occupation of the dwelling.

Rose_Beth

The property has 5 acres, most of which are very large ponds. I have asked the agent and the Ag tie cannot be removed (current owner has tried and local council have denied it).