Agricultural Occupancy Clause

henry24

I know the basic's of the above but how well are you checked that you meet the terms, I worked on a farm for 24 years before joining the railway and was never replaced and still help the out at busy times. If both me and the farmer say I work for him which I do part time would anyone know?

Davesnave

The level of checking depends on your local authority, but I suspect that in most areas austerity measures have pushed compliance with this rather archaic system fairly low down the list of jobs to do.

Where I am, no one checks, so I cannot give you any personal info on what's done or requested. For me, it's already academic; no one's complied here for at least 12 years, so it's too late for anyone to get me out, not that they'd have the stomach for a costly legal battle. When I spoke to the council before purchase they didn't ask for proof of anything I told them.

I don't think mortgages are easy to come by on these. Rather ironic, considering they were supposed to be for the less well-heeled folks to get a leg up into farming. Now, only those with cash to pay outright can afford them, while their acreage generally makes them irrelevant to modern, mechanised forms of agriculture.


Edited to add: Where this is 'policed,' I suspect, like lots of things, it's the parish council that flags up obvious non-compliance where it occurs blatantly. If those on the PC see you as a p/t farm hand, that's probably as far as their thinking will go. So long as you are not repairing and revving Lamborghinis in the old shippen, or running raves in the Dutch barn, no one will be upset and try to drop you in it, especially if the associated land is well-managed. Mine is, but I don't make any money from it; rather the reverse!.

Ozzuk

The council is only one of your issues, they may take the word of your farmer friend, but the mortgage company will want proof - payslips etc.

Unless you are paying cash of course.

If your payslips show you working for railway then I can't see how you would get a tied mortgage.

http://rockhopper.uk.net/property/mortgage-for-property-with-agricultural-tie/

Looking at that link, your mortgage lender will likely ask your solicitor if you meet the requirements, they almost certainly won't lie for you.

henry24

It's only a house that's for sale not land or buildings, I wouldn't need a mortgage to buy but would need to borrow some money to renovate

eddddy

As with all breaches of planning control, perhaps the biggest risk would be from neighbours and/or others reporting you.

e.g.

• The neighbour that is jealous because you are 'cheating' in order to get a cheaper property
• The seller who is angry, because they were forced to sell you the property cheaply, because of the Ag Tie.
• The other prospective buyers, who couldn't buy because of the Ag Tie

They have up to 10 years to report you, and the council would probably have a duty to investigate any reports.

Then, if the council take enforcement action, ultimately you would have to prove to a court that you are entitled to occupy the house.

Davesnave

eddddy wrote: »

As with all breaches of planning control, perhaps the biggest risk would be from neighbours and/or others reporting you.

• The neighbour that is jealous because you are 'cheating' in order to get a cheaper property
• The seller who is angry, because they were forced to sell you the property cheaply, because of the Ag Tie.
• The other prospective buyers, who couldn't buy because of the Ag Tie

All possibles in some circumstances, but the last two don't seem to apply here, and if the property is within a farm complex, the first risk is also much reduced.

As I said earlier, each local authority will have its own take on the matter and each property needs consideration in an individual way too. Many are concrete panel bungalows, or similar, which have seen little investment and may be close to the end of their lives. A few are veritable gin palaces, not modest rural homes. Anger and jealousy are obviously more likely to feature with the latter!