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Farming is not just a business but a way of life for generation after generation. To ensure that there is a viable business to pass on, planning must be undertaken early to enable farmers to maximise tax reliefs that may be available. Understanding...
It is compulsory to register property within England and Wales at HM Land Registry where such property is being purchased, leased (where the lease term is for more than 7 years or the lease term is to take effect more than 3 months from the lease date),...
What happens if you die without a will? Your estate, regardless of its size, will pass in accordance with the rules of intestacy. These rules dictate an order of who will inherit your estate and this can vary depending on whether you are married or in a...
Permitted development rights are planning rights that came into effect as a result of the Town and Country Planning (General Permitted Development England Order 2015 - GDPO) in which planning permission is deemed to be automatically granted for certain...
It has been common for landowners to place signage on their land stating “Trespassers will be prosecuted”. Until recently, however, this was incorrect because trespass was in fact a civil wrong - not a criminal offence. The introduction of the...
Do you currently own unregistered land or property? Your property might not be registered if you owned it before 1990 and have not mortgaged it since. If you own any unregistered property or land, there are a number of benefits to registering...
Farming partnerships are likely to be particularly affected by the new trust registration rules and a review of how land is held should be undertaken to determine whether there are registrable trusts. New rules for registering trusts came into force in...
Yet another farming case has made the headlines. Williams v Williams 2022 was heard in the High Court last month. About the Williams v Williams case: In this case, a challenge was made by one farming son who claimed that he was promised the farm by his...
This week, Birkett Long’s Head of Environment and Energy, David Rayner, spoke at a webinar to many farming families around Essex about renewable energy and other climate change-related opportunities that they might like to consider. Cow manure...
The recent case of Guest v Guest is another in the long line of recent proprietary estoppel cases. To be successful with a claim for proprietary estoppel, you must show that: A promise was made You relied on that promise to your detriment The person who...
Proprietary estoppel cases are becoming increasingly common in the farming sector, often with one child, rightly or wrongly, believing that they will inherit the entire farm on the death of their parents. Some children would have worked on the farm their...
In 2019, the Office of Tax Simplification (“OTS”) carried out a review of UK Inheritance Tax (“IHT”) as set out in Katie Gibson-Green’s blog “ Proposed changes to IHT and how that affects farmers ”. One of the...
Capital Gains Tax (CGT) is payable on any chargeable gains made on the disposal (or deemed disposal) of capital assets. The Finance Act 2019 came into force on 12 February 2019 and implements changes to the current CGT regime taking effect from 6 April 2020,...
