Agricultural and Rural Land – Family Law

Reasons to choose Wilson Browne

Our team of family lawyers have considerable experience of advising on divorce matters involving agricultural and rural land and the specific difficulties and challenges that these situations can present.

Divorce and separation is difficult in any event, but it becomes even more complex in the agricultural and farming industry, where assets are often tied up in family farms and land, or land has been passed down through several generations. Typically, due to the family nature of these types of businesses, there is often a greater element of emotional attachment not regularly associated with commercial assets.

Through our experience we have a well-developed understanding of the complex issues that may arise from where the protection of a family business is a priority. These often include:

Low liquidity: agricultural and farming land may not always be able to be realised, which will need to be factored into any settlement;
The implications of a sale: farming and agricultural land may be subject to planning restrictions that are registered on the land that may affect a sale value;
Wider family ownership: farms and agricultural business are often run as ‘partnerships’ within the wider family and so those family members may have a interest in the land / business that needs to be taken into account.
Pre- Nuptial Agreements/ Post- Nuptial Agreements: where agricultural land is typically a ‘family business’ Pre and Post Nuptial agreements are popular to ensure that its ‘preservation’ in the event of divorce, and so there needs to be consideration of the effectiveness / enforceability of those agreements.

We are specialists in divorce and financial cases and have a niche understanding of agricultural and rural land, and the further complexities that come with this.

What is TOLATA?

The Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 is a relatively unknown legislation, yet the impact of this statute has a profound impact on the lives of millions of people in England and Wales, largely without them even knowing.

TOLATA 1996 gives the Court power to resolve disputes about ownership of a property, or land, including agricultural and rural land. Those disputes are largely between cohabiting couples, but may also be between cohabiting friends and family members. For more information on TOLATA please look at our dedicated webpage HERE.

In the unfortunate event that your relationship has broken down, please do not hesitate to contact our Family Team.