Field Talk

Welcome to Field Talk, our agricultural law newsletter

As we approach the end of the year and despite some signs of contraction in the residential property market, our teams remain as busy as ever with pipelines of work and agricultural land transactions remaining very buoyant despite the wider economic uncertainty.

We are delighted to have been re-appointed to the NFU Legal Panel for Somerset, Dorset, Gloucestershire and Wiltshire in September after an extensive process. We have been on the panel since its inception and are very pleased to continue this long standing relationship. It was also very pleasing to see our Agricultural team ranked as Band 1 in the South West in the recent Chambers and Partners 2023 Guide.

We recently welcomed senior associate Bridget Sanger into our agricultural team. Bridget specialises in criminal litigation and her background is in general crime where she has advised on motoring to murder. Bridget can help you with all kinds of regulatory matters, including health and safety, environmental prosecutions, road traffic, general crime and matters relating to the Hunting Act. She can also assist with inquests.

In our last edition, I referred to the long-awaited Guest v Guest Supreme Court judgment and am pleased to announce that this was handed down on 19 October and with a 3:2 majority in favour of our client; you will find a full update in this edition.

In this edition of Field Talk, we bring you a wide spectrum of topics from partnership property to the complexities of divorce in farming. We are also delighted to feature our latest update from the NFU which addresses the current political and economic climate and their on-going Back British Farming campaign.

We hope you enjoy reading it, and as ever please do not hesitate to get in touch to see if we can help you or your business.

Esther Woolford

In this edition:

Farmer successful in significant inheritance dispute case

A Supreme Court judgment has been handed down in a long-running and significant inheritance dispute case between farmer Andrew Guest and his parents. Read more

Pile v Pile: Does the termination of a joint tenancy by one tenant’s notice to quit amount to a breach of trust?

The recent High Court appeal of Pile saw Mr Justice Zacaroli consider whether the attempted termination of a joint tenancy by a notice to quit (“NTQ”) served by one tenant amounted to a breach of trust. Read more

Neighbours defeat application to modify restrictive covenant on agricultural land

It is often said that ‘there is no right to a view’. A well-drafted restrictive covenant may, however, protect the setting and amenity of a property preventing development as illustrated by the decision of the Upper Tribunal in the case of Collins & anor v Howell & anor ([2022] UKUT 72 (LC) which concerned an application to modify a restrictive covenant limiting the use of agricultural land. Read more

Protecting the farm from divorce

Divorce where farms are involved often involve particular complexities which may be far more likely to arise than in non-farming cases. Read more

Is that all I am getting? The all-too common question explored

Some farmers do not realise they are operating as a partnership and many of those that do, have no written partnership agreement. Read more

That’s classified! The Creation of Agricultural Access onto Public Highway

The General Permitted Development Order (GPDO) authorises the formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by the General Permitted Development Order. Read more

Notes from the NFU: Flying the flag for British farming

We are undoubtedly in a time of unusual political and economic upheaval, with rocketing inflation, widespread strikes, warnings of nuclear war in Eastern Europe and a procession of different Prime Ministers. Read more