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Agricultural Occupancy Agreement

September 10th, 2021

Keeping some sheep; amateur agriculture; or the fact that the local farmer takes a hay crop is probably not enough to respect most agricultural ties. If the owner promotes the property for about 12 to 18 months at a reasonable price and cannot find a buyer, he can ask the local authority to remove the situation and declare that there is no longer any demand for agricultural housing on the farm or in the area. In April 2019, the Planning Inspectorate pointed out that evidence of a robust marketing exercise is indispensable if a condition can be removed. This was an application to eliminate a condition of farm occupancy with respect to the Sutton Springs Trout Fishery Grounds. Cleud does not, however, remove the conditions of occupation; it merely confirms that it has become legitimate to occupy the property in violation of the condition. This means that if, after the cleud is issued, someone moves into the property that fulfills the condition, then the condition will bite again. Subsequent employment by someone who is not employed in agriculture would not be legal (unless it creates an uninterrupted ten-year job). This must be done through a construction application supported by proof that it is no longer necessary to have agricultural housing on the farm or in the locality. This can usually be demonstrated by the failure of an extensive marketing campaign to find a buyer for the property who is able to meet the condition. In this case, the family lived in a house subject to a condition of agricultural occupation. The woman was the farm worker who ran the farm, but the farm operated at a loss. The husband worked elsewhere and the family depended on his income.

The court decided that the husband depended on his wife and found that the definition of “requiring maintenance” was broadened to include a husband or wife who was not financially dependent on the other, and the husband was therefore considered dependent on his wife for the purposes of the condition. According to agricultural lawyer Joel Woolf of WH, farmers urgently need clarity on how to continue earning a living under the new payment rules that will come into effect after the end of the Transitional Period for Brexit on December 31. A settlement agreement is a legally binding confidential agreement between an employer and an employee….


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