News and Developments
Agricultural and Equestrian use – Understanding the difference to stay out of trouble
If you are using your land for equestrian purposes and it is classed as agricultural land the Local Authority could take enforcement action against you so it is imperative you know the difference and use limits to stay within the use permission of your land.
read moreThe Use and Development of our Territorial Sea, Marine Planning and Conservation Zones
Both the width, our use and enjoyment of the UK’s territorial sea has changed considerably over the last 100 years. On land we now have a greater understanding that what we do on the land, our use of rivers and estuaries has a direct or indirect effect on our seas. The use of our inshore and offshore areas (part of our territorial sea) has equally developed. In the last ten years we have Marine Planning Policies and Conservation Zones. Together with differing uses for a sea which previously was mainly used for passing vessels and fishing.
read moreTHE TERROTORIAL SEA, MARINE PLANNING AND CONSERVATION ZONES
The UK was the first modern industrial nation. For centuries internal control was dependent upon arrangements or cases at common law between owners. With little real thought of human effect on rivers, estuaries or seas (for example see R. v. Southern Water Services Ltd (pollution in to the Thames) [2014] EWCA Crim 120.
read moreHORSES AND LIVERY YARDS
For decades the Revenue’s approach when using land on which to keep horses has been that it is not agriculture, nor in many cases would it be regarded as a business for which business property relief on death would be allowed. Rather it is the nature of an operation which would fall under Section 105 (3) of the IHTA “land or buildings or making or holding investments”.
read moreHOLIDAY LETS
Many rural land owners were encouraged by the Government and/or their Bank to supplement their farming income through:
(a) developing that old and possibly redundant barn for holiday or longer lets and/or
(b) having to learn to manage without the farm labourer. Let out the old labourers cottage for similar purposes. Neither, of course, fall obviously within the definition of “farming” for the purposes of agricultural property relief (APR) available on death
Whether these properties do or do not it has to be remembered that taxable relief is on value for agriculture not what that property might be worth on the open market.
read moreCan your garden be the key to a secure financial future with planning permission?
With mounting pressure of local planning authorities to get development moving in their area and release land, new development opportunities are being created in what is called “Garden Grabbing”. The phrase has been coined to the practice of properties with large back...
read moreTHE FAMILY TRUST
The British legal trust has by some been regarded as one of the finest ideas of the British legal mind. Although others living with some trusts may well take a different view but where our legal system went during Empire so did the trust.
read morePARTNERSHIPS
Preparing a written Partnership Agreement which defines the parties, the partnership intention and the assets to be used, can be so helpful to record the agreement and should be an essential part of any rural business planning.
read moreCAPITAL GAINS TAX
Capital Gains Tax is essentially a lifetime tax payable on the increase in value of chargeable assets when they are realised. Not necessarily sold (see below) under the Taxation of Chargeable Gains Act 1992 (“TCGA” of just “CGT 1992”).
read moreTHE FAMILY INVESTMENT COMPANY
Since the introduction of the Finance Act 2006 as an alternative or in addition to the (a) Legal Trust Deed or (b) a Self-Invested Pension Scheme, the Family Investment Company has become a popular alternative.
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