Is it possible to remove an agricultural tie without selling it?
With the support of the local estate and the Parish Council the application was approved on schedule and to the satisfaction of our clients. This has set a clear precedent that it is possible to remove an agricultural tie whilst complying with it and without marketing it for sale.
What is an agricultural tie?
“In simple terms, an agricultural tie, or Agricultural Occupancy Condition (AOC), is a planning condition which states that the property can only be occupied by someone who is ‘wholly or mainly occupied in agriculture or forestry’. This condition also applies to widowers or dependents. “However,…
How do I get the Council’s agricultural holding tie lifted?
The tie could also be lifted if you’re selling the property and can demonstrate that there’s no longer any requirement for agricultural work on the holding and that there have been no prospective purchasers over a specified time limit, agreed with the council. Another option may be to see if the council will accept other uses as fulfilling the tie.
How much is a house with an agricultural tie worth in BC?
British Ex-pat in British Columbia! My parents had a property with an agricultural tie, located in a village with houses overlooking the fields. Back in 1996 with the tie it was valued at £100k.
How do you get around agricultural occupancy?
It is possible to remove an agricultural occupancy condition though the applicant will first need to demonstrate certain things. This includes adducing evidence that the property has been marketed for sale or rent, at a substantially reduced price, to agricultural workers in the area for a significant period of time.
What is an agricultural covenant?
Farmers have always needed accommodation for staff required to work unsocial hours and local planners sometimes agree to a residential property being built in an otherwise rural location on the strict condition that it is only used by a key farm worker.
Can covenants be removed?
By way of drawing up a Deed of Release of Restrictive Covenant or; By applying to the Upper Tribunal to have the covenant removed, if it meets certain criteria, such as, the beneficiary is unknown, the covenant cannot be enforced or the covenant is unreasonable.
Can Neighbours enforce restrictive covenants?
A neighbour can only enforce a restrictive covenant on a property or land if they are the landowner that benefits from the covenant. A neighbour that has no direct connection to the restrictive covenant cannot enforce it in any way.
What is the effect of removing an agricultural occupancy condition?
Removing an agricultural occupancy condition is a once and for all time event which has the immediate effect of allowing anyone to occupy the dwelling which makes it far easier to sell the property, obtain finance and the ability to command open market value.
Is removing an agricultural occupancy condition a straightforward matter?
Agricultural Occupancy Condition Removal. Removing an agricultural occupancy condition is not a straightforward matter and is only likely to be successful where a strong evidence base indicates that there is no longer a sufficient justification to retain the agricultural tie. What form the evidence base takes will be dependent …
Cleud applications
If the AOC has been breached for a continuous period of 10 years, the breach may have become immune from enforcement action and you can apply to the local planning authority (LPA) for a Certificate of Lawfulness of Existing Use or Development (Cleud).
Seek legal advice
Prior to making any Cleud application, it is recommended that you take professional legal advice on the application process, in particular the evidence to be submitted in support of any application.
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What is an agricultural tie?
Buying property with an agricultural tie: What you need to know. Buying a house with an agricultural tie — also known as an Agricultural Occupancy Condition, or AOC — is something of a minefield. The terms of an agricultural tie can be daunting. They usually require that ‘the occupation of the property is limited to a person solely …
What is the up side of a tie?
The up-side, for buyers, is in the price tag.
Is it difficult to sell a property with a tie?
Properties with such a tie can, of course, be difficult to sell . ‘People are naturally put off when they discover a property has an agricultural tie. It’s an instant barrier,’ Winkworth’s Chris Baker told Country Life when we investigated the issue a few years ago.
Can you get the tie lifted if you have been working in agriculture for 10 years?
It’s not all doom, however — it is possible to get the tie lifted, if you can prove that no one has been working in agriculture for the past 10 years. If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition.