Why farmers should double-check what they think they own
As a solicitor working closely with farming families, one of the most common – and often surprising – issues I come across is uncertainty around land ownership.
In many cases, people assume the land they’ve farmed for decades is securely and legally theirs… but the paperwork doesn’t always tell the same story.
For many farms, especially those passed down through generations, land may remain unregistered.
The original deeds might still be in a drawer somewhere, and while they might tell part of the story, they often don’t paint the full picture.
Missing documents, unclear boundaries, or land that’s been used without formal ownership can all pose risks.
If your land isn’t registered with the Land Registry, proving ownership down the line – whether for a sale, inheritance, or dispute – can become far more difficult than most anticipate.
Even registered land isn’t immune to problems. Many assume that Land Registry plans show exact boundaries – but in reality, they usually show general boundaries.
That means discrepancies can exist between the registered plan and the physical layout on the ground. These mismatches often only come to light during a dispute or when a transaction is underway.
That’s why it’s worth reviewing your Land Registry records, comparing them to the land as it stands, and correcting any inconsistencies before they become a problem.
Another area I regularly advise on is land occupation, especially occupation by farming partnerships.
It’s not unusual for one or two partners to own the land, while others farm it without a formal tenancy agreement in place.
This may seem harmless – until there’s a disagreement or a change in circumstances. Without a clear, written agreement, the law might grant unexpected rights to those in occupation, complicating ownership matters significantly.
Getting the legal side of land ownership and occupation right isn’t about red tape – it’s about protecting your legacy, what you’ve built and making sure your farm’s future is secure.
Whether it’s reviewing title deeds, registering unregistered land, or putting in place robust agreements, a proactive legal review can save stress, time, and money in the future.
If anything here sounds familiar, I’d be happy to help. Feel free to get in touch to arrange a friendly, no-obligation consultation – and let’s make sure that what you think you own is truly yours.
Contact Sarah Parker, head of agriculture at Ware & Kay incorporating Pearsons & Ward on Malton 01653 692247 or email sarah.parker@warekay.co.uk.
How legal advice can help you navigate common agricultural land disputes
Owning agricultural land and property requires legal safeguarding against common dispute issues related to flooding, defamation, boundary disputes, and many other factors.
Farmers are advised to seek legal guidance for effective ways to navigate these issues and ensure the resumption of an efficient and legally sound operation.
There are several legal issues that can arise for farmers and farming landowners, and it’s important to safeguard against them for a sturdy legal framework, they include:
● Flooding and water management: Disputes often arise over flooding caused by drainage systems, agricultural practices, or natural watercourses.
Our services can help with mediation to settle claims for damages or preventive measures.
● Defamation: False statements about a farmer, their business or practices can lead to reputational harm, damaging business and causing financial losses.
Farming methods, environmental practices, and animal welfare are among the areas linked to defamation claims, which we understand and navigate effectively.
● Trespassing: Unauthorised entry into farmland is a common issue, and can be acted on by individuals, groups, or even livestock from neighbouring land or properties.
● Sheep attacks and livestock concerns: Attacks on livestock, often by dogs, can result in disputes between farmers and dog owners or neighbouring landowners as it can lead to financial damages and conflicts over fencing responsibilities for protecting livestock.
● Fly tipping: Unauthorised dumping of waste on farmland often burdens farmers with clean-up costs and potential environmental harm.
Farmers often seek compensation for damages and clean-up expenses.
● Boundary disputes: Disagreements over the precision of commercial property lines often arise between neighbouring landowners, leading to disputes over access rights or shared boundaries.
● Public right of way conflicts: Disputes arise when public rights of way cross agricultural land, especially if users stray off designated paths or cause damage.
You may need assistance clarifying rights and proper signage installation or rights of way modifications.
Our legal advisors provide a range of legal services related to the above agricultural disputes, such as clarifying rights for the different parties involved, contract drafting, dispute resolution, dealing with negotiations and representing our clients in court environments.
Contact Mike Thornton, Solicitor in the Crombie Wilkinson Solicitors Dispute Resolution team, for more information on how to address agricultural disputes.
