Don't be landed with a guest you can't get rid of
13th May 2009
Adams wood discusses how to avoid the risk of farmers gaining the right to keep land folowing the expiration of a licence.
Agricultural landowners often allow others to farm their land or graze animals upon it under licence on the basis that they can take back the land, at any time, without having to pay compensation to the farmer.
However, if landowners allow farmers to continue working the land after the term of the licence has expired they run the risk of the farmer gaining the right to keep the land via a process known as adverse possession.
Acquiring land by adverse possession is the procedure by which someone who is not the legal owner of the land can become the legal owner by occupying the land for at least ten years, or, in certain situations, 12 years.
In a case that was heard by the High Court last November, a landowner granted a farmer a licence to work his arable farm land for a period of three years.
Fifteen years later, despite the fact that the licence had long since expired, the farmer was still working the land and had done so without objection or comment from the owner.
The farmer’s view was that he would continue to plough and cultivate the land for as long as he could and, if possible, indefinitely, but if the landowner ever demanded the land back it would have to be given up.
The court found that the farmer was able to acquire the land via adverse possession.
Landowners should be cautious about farmers who continue to farm their land once the term of a licence has expired.
This case provides a clear message to landowners that, after a licence has ended, something more than just letting the previous situation continue is needed. Landowners would be well advised to protect their property interests by reviewing on a regular basis any licences with farmers and, if required, arrange for a solicitor to record such arrangements by preparing new licences.
Landowners should also be mindful of keeping farm business tenancies granted to farmers, which are more complex than farming licences and grazing licences, under review and, before they come to an end, to seek the advice of a solicitor.
* Adam Wood is a solicitor in the Commercial and Agricultural Property Team at BHP Law. He can be contacted on (01325) 466794.
Author: Adam Wood, Solicitor (AdamW@bhplaw.co.uk)
Related Articles
| Restrictive covenants | 24th May 2010 |
|---|---|
| Planning & Property Obstacles in Development | 9th Mar 2010 |
| Information up front helps quick transfer | 29th Jun 2009 |
| Have written agreement during lease negotiations | 13th May 2009 |
| Powers in private rented accommodation | 10th Apr 2009 |
| Landowners Take Note | 26th Feb 2009 |
| Break Clauses in Commercial Leases | 26th Feb 2009 |
| Between a Rock and Hard Place | 26th Feb 2009 |
| Dealing with development hurdles | 21st Dec 2008 |
| Planning gain supplement scrapped | 19th Dec 2008 |
