As the cost of living has bitten, the crime of fly tipping has also increased as more and more people, rather than paying the disposal costs of removing waste though legitimate means, dump it on the fields, tracks, gateways and woodlands of our countryside....
Whether it’s tenancies that haven’t been put in writing or other undocumented property arrangements, it’s not uncommon for property owners or occupiers to face difficulties when needing to understand and prove their rights in relation to...
Crombie Wilkinson Solicitors has a free prize draw where 2 people* have the opportunity to each win a pair of tickets to the Kaleb Cooper tour night at the Barbican in York on 1 February 2024. For your chance to win one of these pairs of tickets, use one...
It is common knowledge that it can be difficult for young farmers to get a foothold in agriculture, and with the average age of farmers in this country just under 60, at the other end of the scale, it can be difficult for those farmers looking to retire to...
You may be surprised to hear about which estates have to pay inheritance tax (IHT) on death. Once you have farmed for more than two years, most working farms are able to pass from one generation to the next with no or reduced inheritance...
Farms and farming land are valuable assets that you and your family have invested a lot of time in. So, it’s important you protect them – whether that’s when you’re entering a new relationship or simply so that your children can...
All properties in England and Wales can be registered with the Land Registry. If it’s not, then you can apply for first registration. This is simply the process of registering your land or property with the Land Registry. The Land Registry holds a...
What could be simpler than allowing a friend, neighbour or a third party to use your field for grazing their animals? It is not as straightforward as it may seem and there are a number of different issues to consider, the first of which is whether you are...
With all the uncertainty within the farming industry in recent times, some farmers may be considering new ideas and opportunities in order to continue and/or expand their farming businesses, whether it includes some kind of diversification or collaborating...
More than half of the farmable land in England is farmed by tenants and as such, tenant farmers clearly play a crucial part in our food production and land management. This has been recognised by a review that has recently been carried out by an independent...
Rural crime has plagued our farming community for many years and as the cost-of-living crisis bites, the incentive for theft of farm equipment and machinery, poaching, fly-tipping and theft of livestock is likely to increase further. Given the stretched...
NFU legal panel firm reappointment and Legal 500 2023 listings. Our expertise and experience in agricultural and estates law has again been acknowledged and rewarded with our reappointment as one of only two legal panel firms for the National Farmers...
If you have some land or buildings which are currently unused, you might consider allowing someone else to occupy the vacant area. Even if the arrangement is fairly informal, we always advise clients to take advice at the outset as to the most appropriate...
The Directors at Crombie Wilkinson Solicitors are once again delighted to announce that the firm's skill in Private Client, Agricultural & Estates work has been acknowledged by our fourth year in a row admission to The Legal 500 2023 United Kingdom...
It is very common these days for parents to support their children in buying their first home and the “bank of Mum and Dad” comes to the rescue. Often this entails children buying a property with a partner or buying a property and having a...
Succession planning is all about making plans for the future. It enables you to protect your assets, safeguard your farming business, provide for your family and ensure continuity and the smooth transition of the farming business when you step down from...
Public rights of way exist all over the countryside and are set out on a Local Authority’s Definitive Map. However, just because a route is not currently recorded on the map, it does not necessarily mean that a right of way does not exist. Surveying...
Partnerships are a popular way to structure a farming business. However, as the partners are often family members, it is common for the arrangement not to be effectively documented in writing. Partnership arrangements are more complicated than they first...
A significant percentage of land in England and Wales is still unregistered and a large part of that is agricultural and rural land. Why? Well, agricultural land often remains within the same ownership for decades and land which was purchased before...
Agricultural land can be one of the most secure forms of investment, as strong interest from buyers and increasing global demand for food has caused land values to steadily increase. There is also a strong attraction to use land for renewable energy...
It is important to think about the future, even if it seems more uncertain than ever. Have you given any thought to your farm succession plan lately? Do you even have one? Who will run your business if you can’t? Farm succession planning is not just...
Trespass can be a concern to many landowners; not only does it present a security risk to the property but can also cause nuisance and damage. Trespass may happen in many ways including but not limited to; an individual simply walking over your land where...
Key points to consider as part of your business and farming family resilience. When considering the issue of resilience specifically in connection with your agricultural business there are certain points where our team of specialist land law...
The Directors at Crombie Wilkinson Solicitors are once again delighted to announce that the firm's skill in Private Client, Agricultural & Estates work has been acknowledged by our third year in a row admission to The Legal 500 2022 United Kingdom...
Diversification has become an increasingly popular, and often necessary, means of improving the profitability of farming businesses. We are regularly contacted by clients who are looking into various types of diversification, including rural wedding venues...
The Yorkshire Post Country Week Conference takes place on Wednesday, 6 October 2021 starting at 10am. It is a virtual conference, free to attend and there will be the opportunity to put questions to all the panelists. To register and for more details...
There is no specific duty on property owners to maintain their buildings in a good state of repair. However, the Local Planning Authority does have powers to take action if it considers that a historic building has deteriorated to the extent that its future...
Water, drainage, and sewers might be out of sight, but should not be out of mind for commercial property owners . The legal rights relating to water drainage in the UK are complex and important, especially for properties prone to flooding. ...
Often, access to agricultural land requires a right of way over someone else’s neighbouring land or a private road/track which has not been adopted by the Highways Authority. A right of way is an easement. This is a right for one landowner to use...
Biomass Boilers and the Non-Domestic Renewable Heat Incentive – How does the UK leaving the EU affect me? Many businesses, non-profit organisations and the public sector took advantage of the Renewable Heat Incentive (NDRHI) put in place by...
Anthony Baines, a Senior Associate Solicitor in our Commercial Property team, has truly demonstrated his commitment and delivery of our Crombie Wilkinson Solicitors Service Pledge. Our Service Pledge has 8 commitments, and we work together as a team to...
An easement is a right for a third party to use someone else’s land for a specific purpose. If you have been continuously or regularly exercising a right for at least 20 years (such as a right of way, a right of access, or a right for service media to...
On the face of it, using a field to keep horses is no different to keeping sheep or cattle in the field, so surely planning permission would not be required to use it for equine purposes. However, keeping horses on the land may be seen as a material change...
Unregistered land is land which is not registered with the Land Registry. In order to prove ownership, the owner of the land must produce historical title deeds which are complex and can sometimes be ambiguous. The Land Registry estimates that approximately...
We know that our farming clients will have been paying close attention to the Agriculture Act 2020 (‘AA2020’), which aims to create a new post-Brexit agricultural framework. There are, of course, a vast number of topics which AA2020 covers, but...
Public rights of way exist all over the country, enabling members of the public to access a particular route at any time. Local authorities are required to keep a Definitive Map and Statement, which records the rights of way in their area and if a right of...
The new Agriculture Act 2020 is the first domestic legislation covering agriculture for over 70 years and was passed into law on 11 November 2020. It is widely considered to provide a boost to the farming industry after years of, what was often times...
Back in 2017, Farmers Weekly carried out research which suggested that around 60% of farming families did not have a written succession plan in place. Based on our experiences with farming clients throughout Ryedale and beyond, this percentage is unlikely...
Autumn is upon us and horse owners are waving a solemn goodbye to pleasant weather and hacking out late into the evening. The end of this years’ Eventing season will be upon us in a matter of weeks, following the sport’s post-lockdown resumption...
Horse racing has at last returned (albeit behind closed doors) following a short hiatus during lockdown which sadly saw the demise of this year’s Grand National meeting and the postponement of the Derby and the Oaks. However, now that racing is back,...
Spring is a busy time for farmers and those who support them. Lambing, calving and the last of the spring drilling means that there is little time to think about the long-term plans for the farm business. 2020 has been no exception to this. With many farmers...
Every business we speak to at the moment is seeking ways to mitigate the disruption caused by the Coronavirus pandemic . Of particular importance to our clients is protecting their workforce, and trying to avoid the need for lay-offs, wage reductions, and...
Spring is just around the corner and after a difficult winter due to the wet weather and flooding, many businesses in Ryedale will be considering how to make the tourist season of 2020 a profitable one. Ryedale and its neighbouring areas of Hambleton and the...
The government has published a policy and progress update, Farming for the Future (2020), which updated the policy statement published in 2018. The statement provides information on how the policies after Common Agricultural Policy (CAP) will ensure...
There are approximately 1 million properties in the UK which are not connected to mains drainage. It is particularly common for rural properties to have a septic tank or small sewage treatment plant in place of main drainage. In 2015 the requirements...
As we come to the end of the year, there is an argument to say that it has been a missed opportunity for a number of reasons, as there was potential for the year to be ground breaking on various different fronts. The start of the year began with a number of...
We look at the issue of locating the boundary line if your land borders a road, track and/or path. Where your land abuts a private road or track the Land Registry title plans may show that roadway or track as falling outside of your registered...
The Directors at Crombie Wilkinson Solicitors are delighted to announce that the firm's skill in Private Client, Agricultural & Estates work has been acknowledged by our admission to The Legal 500 2020 United Kingdom Edition. The Legal 500 United...
As a landowning farmer, what should you do if your adult children do not want to farm but you want to keep the opportunity open for your young or even unborn grandchildren? Inevitably, some form of trust arrangement is required. The suitable trust depends...
Many owners of biomass boilers are unaware that there are ongoing obligations that must be complied with in order to continue to receive RHI payments. Even if the biomass boiler was installed correctly and you received confirmation of accreditation, you must...
We see a significant number of clients who are farming in partnership with their family members and, of course, such arrangements frequently run perfectly smoothly. Any reluctance to formalise the family partnership in a written agreement is therefore...
The government is consulting on planned changes to the way residential tenancy agreements can be terminated by landlords, which would end ‘no fault’ evictions, and could effectively make open ended tenancies a reality. Agricultural Holdings Act...
As the weather improves, with Summer not far around the corner, the time pressures on agricultural businesses are becoming greater and you can be forgiven for not reading the small print when purchasing goods and equipment or providing services or products....
The Tenancy Reform Industry Group (TRIG) has published a report with recommendations on a reform of agricultural tenancies. Following this report, Defra has launched a consultation on the proposed changes, which will run until 2 July 2019. The plans put...
Sheep worrying seems to be becoming increasingly more widespread and somewhat more controversial given the sensitivity to both farmers and dog owners. Talk to one of our specialist agricultural law solicitors for legal advice if you are concerned about...
We have been looking at some interesting points for landowners who are fortunate enough to have rivers running through their land. In terms of boundaries the general rule or presumption is that where your land abuts a non-tidal river then your boundary will...
Fly tipping is a real problem for land owners and needs to be taken very seriously in terms of the impact that it has in rural areas. Not only is it a source of pollution, a potential danger to public health and a hazard to wildlife but it also...
In this article we touch on an issue that casts a shadow on all sectors of our Community and can affect Rural Communities just as much as Urban, so much so that a recent Government announcement confirmed an extra £4 million is to be allocated to the...
As Brexit continues to be Brexit the new Agriculture Bill has commenced its way through the Commons with a first reading in October and now with Select Committee, prior to returning to the Commons in December from whence, if approved, it is passed up to the...
Orlando Bridgeman suggests how farming families can avoid disputes. There has been a steady flow of divided farming families taking each other to court over the past few years, usually following someone’s death. Such behaviour has doubtless been...
According to recent figures from the Land Registry a significant percentage of land in England and Wales is still unregistered and a large part of that is agricultural and rural land. Why? Well, agricultural land often remains within the same ownership...
The new Agriculture Bill, setting out the policy framework for supporting UK Agriculture post-Brexit, is due to be introduced into Parliament today (12 September 2018). As the Government previously indicated, the new policy will not include a cap on...
Crombie Wilkinson Solicitors has successfully been reappointed as one of two law firms on the National Farmers Union (NFU) Legal Panel for the North East region following an intensive six-month review. Jennifer Bartram, Senior Director and Head of the...
Would you know if you had an invasive plant growing on your land ? If you were savvy enough to identify such a plant, would you know what you need to do, from a legal perspective, and what you should do, as a preventative measure? There is much...
There have been recent news stories reporting on night time digging for artefacts at Hadrian’s Wall. Historic England are working with the police and National Crime Agency to try to identify the nighthawks. The vast majority of metal detecting in...
For many landowners, an attractive way to utilise their land without creating too much disruption to their core farming business, was to allow telecommunication masts to be erected on their land. Whilst not visually attractive, the masts would generally be...
The Housing Minister has announced recently that permitted development rights relating to agricultural buildings in our rural communities, are to be extended. Farmers and land owners have long been voicing opinions about the complicated, unpredictable and...
What happens to the assets of an elderly farmer who needs to go into care? Farming families are treated particularly harshly when it comes to payment of care fees. It is common for an elderly farmer to farm in partnership with his child or children, so...
You may find it illogical that a field used for grazing cattle benefits from Inheritance Tax relief (in the form of Agricultural Property Relief (APR)) but where horses graze the field there is generally no relief (with the notable exception of stud farms)....
2017 seems to have reached December at a relentless pace and has been dominated domestically by Brexit. The future of agricultural interests seems still in the balance with deal awaited although, as ever, one just around the corner. Michael Gove...
Minerals are commonly defined as a ‘substance of exceptional use, value and character’. Oil is likely the first which springs to mind when thinking of what may be under your land, but other minerals which could belong to you are...
Most farmers understand the basic concept of diversification e.g. utilising your land for commercial ventures other than agricultural matters, such as renewable energy, farm shops or office development of redundant buildings. Economic changes particularly...
Join us as we talk about...Successful succession planning for a farm business at this years' Great Yorkshire Show. Wednesday 12 July 2.30pm-3.30pm Great Yorkshire Show Seminar Room, Hall 1 Take the taboo out of succession planning and be proactive....
Buying a horse is a significant purchase. The likelihood is that you will be spending substantial money so it is extremely important that you know your rights in the event that things go wrong. There are steps you can take to protect yourself...
The Great Yorkshire Show We are going to be back at the Great Yorkshire Show this year! We are looking forward to another brilliant year at the show so come and say “hello” to us in the Members Area and on the NFU trade stand. Driffield Show...
New Contract Checking Service for NFU Members Before you sign any contract, you need to understand what you’re getting yourself into. That is why the NFU is offering a Contract Checking Service to all their farmer and grower members, in conjunction...
The prenuptial agreement sets out how a couple wish their assets to be divided, or in some cases wholly retained by one party, if they later separate or divorce. It is generally entered into in order to protect individual livelihoods or to maintain an...
As the waters recede from floods that have covered much of this area, farmers are surveying damaged crops and assessing their losses. For many, the options do not include insurance claims which often exclude flooding and “Act of...
This week witnessed the launch of a new rural “10 point plan rural productivity plan” and an allied article in the Daily Telegraph carries a piece by Chancellor George Osborne and Defra Secretary Liz Truss in which they reveal details of their...
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