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Inheriting or buying property with agricultural tie off of parent.

I have do not work in agriculture. As an only son, what are the rules with this? Would I be able to live in the property?

Comments

  • user1977
    user1977 Posts: 17,318 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    The rules are whatever the restriction actually says. So, what does it say?
  • user1977 said:
    The rules are whatever the restriction actually says. So, what does it say?
    something we need to check, just wanted to get an idea before hand in terms of the usual rules with regards to this.
  • user1977
    user1977 Posts: 17,318 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    It's possible it has to be occupied by somebody working on the farm in question, it's possible it has to be occupied by somebody working in agriculture in general, it's likely it can't be separated in ownership from the rest of the farm. But not much point guessing.
  • Farmland is owned by parent + another. House owned soley by parent (he built), it adjoins the land but not legally joined with it. 
    Land has not been farmed by anyone in the family for a good 25 years at least, has been rented out to a local farmer. 
    user1977 said:
    It's possible it has to be occupied by somebody working on the farm in question, it's possible it has to be occupied by somebody working in agriculture in general, it's likely it can't be separated in ownership from the rest of the farm. But not much point guessing.

  • lincroft1710
    lincroft1710 Posts: 18,656 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Many years ago when I worked in the VOA I had to go and see someone who wanted a Council Tax reduction because of their Ag Tie. On return to the office phoned planners who were able to tell me house did not have Ag Tie. So it is worth checking the planning consent for the house. 

    Owners of the house I visited were over the moon to discover they had no Ag Tie, made their house worth 30% more!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • moneysavinghero
    moneysavinghero Posts: 1,761 Forumite
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    If you inherit it you have not got anything to lose really by taking your chances and just living there. If you make it 10 years without anyone checking up on you (and bothering to take action) then you can apply for a certificate of lawful use (https://www.parsonsonplanning.co.uk/certificates-of-lawful-use)
  • newsgroupmonkey_
    newsgroupmonkey_ Posts: 1,226 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    If you inherit it you have not got anything to lose really by taking your chances and just living there. If you make it 10 years without anyone checking up on you (and bothering to take action) then you can apply for a certificate of lawful use (https://www.parsonsonplanning.co.uk/certificates-of-lawful-use)
    Could they not do it anyway if they can prove that the parents never farmed the land for 25 years and had rented it out?
  • moneysavinghero
    moneysavinghero Posts: 1,761 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    If you inherit it you have not got anything to lose really by taking your chances and just living there. If you make it 10 years without anyone checking up on you (and bothering to take action) then you can apply for a certificate of lawful use (https://www.parsonsonplanning.co.uk/certificates-of-lawful-use)
    Could they not do it anyway if they can prove that the parents never farmed the land for 25 years and had rented it out?
    Agricultural ties allow you to stay in the property if you formerly were in agriculture. So the parent is currently not in breach of the regulations so has no need for a cert of lawful use. Whether you can get a cert anyway i don't know.
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