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Please find below the latest blog posts for our Rural Practice team.
In what the NFU has described as a ‘Budget blow for British farming’, the Chancellor’s Autumn Budget has brought in several measures which impact farms in Wales and England. The changes have caused much debate within the agricultural...
Sean Boucher, Director in the Lifetime Planning team at JCP Solicitors, explains how the Government’s potential changes to inheritance tax could impact farmers. In October 2024, it was revealed that the Government may have plans to increase the...
Common Land is the term used to refer to land on which there is a general right to roam by the general public. The restrictions on what you are and what you are not permitted to carry out on common land are onerous on owners of common land, with the most...
After many years of campaigning, the UK Parliament have introduced new legislation known as the ‘Fair Dealing Obligations (Milk) Regulations 2024’ which is now in force in the UK. The regulations aim to provide fairer contract terms for dairy...
Whether you are a tenant farmer or a landowner with a tenant farmer in occupation, planning for the future is the key to making sure that you are prepared for when family members retire or pass away. At JCP Solicitors we act for both landlords and...
If someone is occupying your land without your permission, it is important to act sooner rather than later, as they may intend to gain title to your property, and thus, become the legal owners. Much information is published on how to succeed in an adverse...
Land disputes commonly imply a dispute between neighbours of the boundary line between their properties and can be a very common source of contention between neighbours. However, in practice land disputes can encompass various matters, including...
As the appointed NFU Panel firm for South Wales since 2008, JCP Solicitors has a proud history of supporting the agricultural sector by providing expert legal advice on all areas of rural law. Through our panel membership with the NFU, we are delighted to...
The sheer volume of applications dealt with by HM Land Registry inevitably leads to mistakes slipping through unnoticed. It can therefore come as an unexpected, and unwelcome, surprise to discover that your registered title documents contain a mistake. ...
Fly-tipping, the illegal dumping of waste on land or water, not only spoils our enjoyment of our towns and countryside but can also affect the environment, harming wildlife and potentially our own health. Repeated instances can also affect property...
JCP Solicitors’ Agricultural and Property Litigation team continues to grow, with our latest senior appointment to the Cardiff office, Sally Milliner. Bringing over 15 years’ experience handling contentious matters, Sally is a highly...
In the realm of farming families and inheritance, proprietary estoppel can play a significant role in addressing claims and rights concerning property and land. This legal doctrine, often prevalent in agricultural settings, aims to address situations where...
"Our family farm has passed through several generations and I would like to protect it for future generations. Would drafting a Will help me achieve this?” Having a correctly drafted Will can provide peace of mind in ensuring your farm passes...
“Our family farm has passed through several generations and I would like to protect it for future generations. Will a Will help me achieve this?” For many farmers, their farm is their most treasured asset and it is important to seek legal...
"There is a public right of way through my land where I graze cattle and I’m concerned that either my animals, or a walker, could be injured. What steps can I take to prevent this?" Public rights of way can be found across the majority of...
"I’m planning on redeveloping parts of my farmland however it has become clear that there is a potential boundary issue with my neighbour. What should I do to avoid an expensive dispute and damaging my relationship with my neighbour?" ...
The Renting Homes (Wales) Act 2016 has eliminated special status for agricultural workers in Wales and now their tenancies will be the same as any other occupier. Under the new legislation occupation contracts will replace existing tenancies and licenses....
One of Wales’s best-known law firms, JCP Solicitors, has announced the appointment of a new head of its industry-leading Rural Practice team. Rhys Evans, who specialises in supporting clients nationwide across a range of rural legal matters, has been...
“I have purchased some land. Pursuant to a deed granted several years ago, a utilities company has a right to cross my land to maintain its telecoms site. This telecoms site is only accessible over my land. Unfortunately, the utilities company is...
"I’ve been approached by an energy company about having a wind farm built on my land, but what is the difference between an option and a lease agreement?" With renewable energy becoming more popular among homeowners across the UK, many...
JCP Solicitors has been appointed to the prestigious NFU Cymru Panel for another three years securing its position as the legal firm of choice for thousands of members of Wales’ farming community. The legal firm has been named as the NFU’s...
"A walking group is cutting through my land as part of their route and I’m concerned they could claim this as a public right of way, what can I do to prevent this?" If they have just started using the cut through then they should be...
"If a farming tenant wants to access the Sustainable Farming Scheme what legal rights do they have to access it? And what can landlords do if they can’t reach an agreement around this?" On September 26 the Agriculture (Wales) Bill was...
JCP Solicitors, one of the best known law firms in South Wales, is proud to have been awarded the NFU Tim Sell Legal Panel Excellence Award 2021. JCP, which has an office in Carmarthen, is one of only two law firms in Wales hand-picked by the leading...
“I am a farmer with a listed building on my land. I have been served with a repair notice to preserve the listed building which is currently falling into disrepair. The local planning authority is considering a Compulsory Purchase Order...
JCP Solicitors is pleased to welcome a new Director to work across its Rural and Property Litigation Teams, reinforcing the firm’s very strong specialisms in these areas. Rhys Evans joins the practice to head up the teams in the South East offices....
It is not unusual for farmers to engage workers on the farm but what is the status of these workers in so far as employment law is concerned? This is important because a “worker” or an “employee” can establish certain rights under...
"I have a young farmer friend who has expertise and ideas, but little capital and I want to give her the opportunity to work my livestock farm on a contract basis. Is this complex?" Joint Venture Farming Agreements can work well for all involved...
"I run a small farm, and cattle from a neighbouring landowner can be found in my field quite regularly, causing damage to my fencing. What are my rights?" The Animals Act 1971 gives a landowner/occupier power to deal with livestock that comes...
"I’ve taken over the reins of our farm from my father and while I have farming experience, I want to make sure I’m getting things right legally, as far as employment contracts, diversification rules and other issues. What should I do?"...
I plan to move out of dairy farming so, regrettably, I may have to make my herdsman redundant. He lives in a farm cottage and I will need him to move out, but I don’t want conflict and I want to deal with this properly. How should I proceed? ...
Sadly, disputes over family farms hit the headlines with increasing frequency, and a case that was dealt with by the High Court in recent months will have given many farming families pause for thought. The case saw the Court of Appeal make a judgement in a...
For agricultural tenancies granted prior to 1984, it is fairly common for tenant farmers to be succeeded as a tenant by a close family member either when the tenant retires or passes away. This type of tenancy is governed by the Agricultural Holdings...
I’m keen to let some of my land to a farming tenant, and I have been approached by someone I know well, who is interested in taking on a tenancy. How do I make sure the arrangement works for us both and that we get the agreement right? You are...
In March this year new rules were introduced that, effectively, halted property owners’ powers to obtain possession of residential and commercial property by way of Court proceedings. This Practice Direction (Practice Direction 51Z) was put in...
Registration is the official recording of property ownership. HM Land Registry records property ownership in the Land Register, which is the official ownership list for property in England and Wales. As of September 2019, 87% of the land in England and...
The farming community is likely to be relieved by the news from the Government, announced this week, that a series of emergency measures have been put in place to support them during the COVID-19 crisis. The Minister for Environment, Energy and Rural...
I’m keen to let some of my land to a farming tenant, and I have been approached by someone I know well, who is interested in taking on a tenancy. How do I make sure the arrangement works for us both and that we get the agreement right? You are...
Landowners across Wales are becoming concerned about the potential dangers of diseased trees on their land – particularly with Ash Dieback cutting a swathe across the landscape. Ash Dieback, also called Chalara Ash Dieback, is a fungal disease which...
Sadly, disputes over family farms hit the headlines with increasing frequency, and a case that is being dealt with by the High Court at the moment will be particularly troubling for many. This case sees a farmer being sued by his mother in a bitter court...
Farmers and landowners have always had to consider multiple income streams, and it is increasingly common for them to be approached by energy firms wanting to use a section of their land for renewables set-ups, including anaerobic digestion equipment. The...
"My father has been a tenant farmer for 35 years and I recently joined him in the farm business. He’s thinking of retiring and I would like to apply to succeed him as a tenant. The farm is not as profitable as it once was so we have diversified....
I inherited a small farm in West Wales from an aunt four years ago. I live several hundred miles away, so I have not been there since I inherited. I’ve now heard that a family is living off the land there. How can I prevent these temporary occupiers...
I’m considering buying up some neighbouring land, to increase the footprint of my farm. However, it looks like some of the land is being used by dog walkers and sometimes drone enthusiasts; I’m concerned these activities will continue once I...
" My cousin and I are going into business together on a small farm. We have a clear idea of how we will split the responsibilities between us but we want to get the legalities right, so we don’t have disputes down the line. What do we need to...
JCP Solicitors will continue to care for the legal needs of NFU Cymru Members in South Wales, having retained its long-held position as the NFU Cymru Panel Firm for South Wales – one of only two firms to remain on the Panel since its inception. One of...
A career within the law can be a very satisfying one, particularly when you are able to work within a company that values and promotes clear career progression and has a strong commitment to ‘growing its own’ well-respected, highly professional...
"A section of my land – an irregular plot of less than 100sqm – is registered as common land and I am keen to try to change this since it is a natural access point for me. How can I change the legal status?" This is possible and the...
I run a livestock farm with a handful of employees and additional seasonal staff. I don’t handle vast amounts of personal data. How concerned should I be about the new data protection regulations? The EU’s General Data Protection Regulation...
"I run a livestock farm and I’m concerned about a recent legal case which saw a driver suffer injuries after his car collided with an escaped steer. I do all I can to secure my livestock. Where would I stand if something like this happened to...
For those of us with a special interest in rural matters the summer months aren’t about jetting off to foreign climes, they are about agricultural shows. Members of our Rural Practice Team will be on hand at the Royal Welsh Show this month, and at many...
Many farms are run by several generations of one family and by several members of the family, so it is important to be aware of the complexities around succession, when someone retires or passes away. Agricultural Holdings Act 1986 tenancies are common...
I have spotted a farm coming up for auction and I am keen to bid for it. I have never bought property in this way before. What do I need to know? Springtime is a peak time for farming properties to come up for sale and it can be exciting, as a...
My parents and I are in a farming partnership and I’m planning to get married at the end of next year. Without wanting to sound unromantic, how can I protect the business and keep it outside the matrimonial assets in the unlikely event that my...
My farm is sited in an area likely to be newly designated by the Welsh Government as a Nitrate Vulnerable Zone. If this goes ahead, what will it mean for me? This is, understandably, an issue that is causing a lot of concern among farmers in South and...
JCP Director and Head of Lifetime Planning Disputes, Richard Howells, shares advice on preventing inheritance claims after death. “My son has worked with me on the family farm for 20 years and I have told him in the past that he would inherit the...
Employers’ circumstances change and, by its nature, farming work is subject to all kinds of fluctuations that farm owners need to accommodate. So it is common that farming employers need to alter their employees’ terms and hours from time to...
I run a small farm and I need to alter some of my employees’ hours. Am I on a shaky legal footing if there is no provision in their individual contracts for me to do so? Employers’ circumstances change and, by its nature, farming work is...
"I have been approached by a renewable energy firm who wants to use a section of my land for energy storage. They are offering good rates and I’m interested. Are there any risks I should be aware of?" Farmers and landowners have, for...
"I have owned my farm for many years. Do I need to tell the Land Registry?" It is advisable to register your farm or land with the Land Registry. If you have bought or mortgaged the farm or land since 1997 then registration with the Land...
This month JCP Associate Solicitor, Beverley Bowen, advises a reader with a DIY Livery business about Business Property Relief. "I have recently set up a DIY livery business. Will my estate be entitled to any inheritance tax reliefs?" You...
On 23rd June Britain will go to the Polls again – this time to vote on whether or not the UK should remain as members of the European Union (EU). Current polls are predicting that the vote will be a close one; however the importance of the...
Legal experts JCP Solicitors have announced another boost to their expertise, with one of their Associate Solicitors becoming a Fellow of the Agricultural Law Association (ALA). The South and West Wales firm already specialises in rural legal affairs, with...
In this month’s Ask The Legal Expert column we get the latest specialist advice from our Carmarthen based Rural Practice team. This month specialist Solicitor in rural affairs, Ffion Lloyd, advises a farming family on the value of written tenancy...
Associate Solicitor Beverly Bowen talks about a very common legal issue– the importance of having a Lasting Power of Attorney when running a farming business. I am a farmer in partnership with my parents – an arrangement which has suited us all...
The Rural Practice team at JCP Solicitors are delighted to announce that they have been re-appointed as the NFU Cymru legal panel firm for South Wales – a position they will hold until 2018. The announcement comes after a rigorous six-month review...
NFU Cymru has confirmed the reappointment of its legal panel firms after an intensive six-month review that considered legal services, fee structures and commitment to the organisation and its members, alongside feedback from members and NFU Cymru staff. ...
From Monday 20 July to Thursday 24 July you can find members of our Rural Practice team at the Royal Welsh Show. If you are heading down to the show, come to our stand, located by the main ring, opposite the NFU building; it has got some very bold JCP...
Farmer and television presenter Adam Henson demonstrated how farmers need to be as comfortable with a business plan as they are with a baler when he was welcomed as guest of honour at a recent gathering at University of Wales Trinity St David (UWTSD) in...
In this week’s Ask The Legal Expert blog, we get the latest specialist advice from our Rural Practice Team. Associate Solicitor Beverley Bowen, based in our Carmarthen office, addresses a very common legal question asked by our farming clients: My...
Our Ask The Legal Expert blog gets the latest specialist advice from the specialist Rural Practice team at JCP Solicitors. This month, Partner Richard Howells talks about a very common legal issue– inheritance disputes arising over family farms. ...
The administration of an estate must be carried out correctly; otherwise the personal representatives are open to attack by disgruntled beneficiaries as well as HMRC. The administration process will start for most farming clients by submitting a...
In times gone by the killing of the farmers own stock for his family was one of the great things of living directly off the land. The memories of a farmer drinking his own herds milk or killing an animal in an outhouse for his family is something which may...
In order to claim the relief it is important that the farmer lives in the farmhouse. More importantly the farmer must run/manage the farm from the farmhouse. It is possible therefore that if the farmer has retired and the land is let on grazing...
Mum, Dad and son are all partners in a farm where the farmland is owned 50% by Mum and 50% by Dad. Mum and Dad make Wills under which they pass their respective partnership shares to their son on first death but the remainder of the estate is to pass...
We are all familiar with Aberystwyth's historic Victorian sea front and were shocked to see the devastation visited upon it by the storms last week. Whilst the effect upon the town has been immediate what has been forgotten is the effect upon the...
If you tow trailers as part of your business then you may be breaking the law unless your vehicle has a fitted tachograph in use and you obey the driver’s hours regulations. Due to changes in legislation “goods vehicles” were...
From the 18th September 2006 regulations came into force decreeing that children under 4ft 5ins (135 centimetres) must use correct child restraint at all times in cars and goods vehicles. A child restraint is a baby seat/child seat booster cushion...
Fly grazing is the term that has been adopted to describe actions by irresponsible owners who allow animals to graze on land where they do not have the consent of the landowner. Reasons for the increase in the scale of the problem over recent years are...
The Green Deal is a Government initiative aiming to reduce energy consumption by encouraging property owners to install energy saving measures. It will relate, in the main, to older properties. The Green Deal can apply to both residential and commercial...
