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SUBJECT AGRICULTURE

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					SUBJECT : AGRICULTURE TRAINING LOGBOOK Legal Practice Area 1
1. FARM/ESTATE SALE (a) Take Instructions; (b) Review particulars / discuss sale with Property Department/Land Agents;

QUARTER NUMBER (1 – 8)………………………………………….. NAME OF TRAINEE:………………………………………………………DATE……………………………….. Weeks 1 – 13 7 8

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(c) Review titles, obtain copy
writs if required, instruct Searches / Property Enquiry Certificates etc; (d) Deal with offers received;

(e) Complete

conveyancing matters, including revising Disposition, Discharge of Securities, etc; the transaction, including redeeming loan and distributing net proceeds of sale; FARM PURCHASES

(f) Settle

2.

(a) Take instructions;

Legal Practice Area 1
(b) Submit offer to take account of, if appropriate: Apportionment of price between heritage and moveables; Fixed equipment / moveables; Milk quota; Sheep quota; Cow quota; Arable Area Payments; Other subsidies premia; Aid and

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Weeks 1 – 13 7 8

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(i)

(ii) (iii) (iv) (v) (vi) (vii)

(viii) Check IACS Forms etc; (ix) (x)
Complete appropriate Forms to transfer quotas etc; VAT implications: (a) Transfer of going concern; (b) Waiver of exemption;

Legal Practice Area 1
(c) On quotas moveables; and

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Weeks 1 – 13 7 8

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(xi)

Woodland Grant Scheme and others; TUPE;

(xii) Transfer of employees TUPE; (xiii) SSSIs and designations; other

(xiv) Takeover of growing
crops / valuations - check details and prepare Minute of Submission to Valuers;

(xv) Sporting rights – check if
leased Salmon Fishings included;

(xvi) Private water supplies,
drainage system and planning consents – check position with SEPA and Local Authority;

(xvii) Wayleave

agreements;

Legal Practice Area 1 (xviii) Complete conveyancing 2 3 4 5 6

Weeks 1 – 13 7 8

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matters, examine title and all ancillary deeds, liaise with client and other professional advisors, arrange finance, prepare Disposition and Standard Security / Certificate of Title, pay deposit, pay balance of price, deal with retentions, if appropriate, and deal with all matters re settlement of the transaction. 3. LANDLORD / TENANT (a) (b) (c) Leases – creation / security of tenure; Post Lease Agreement; Matters relating to leases, including: reviews – service of notices – compliance with time limits; (ii) Milk quota – apportion between Landlord and tenant;

(i) Rent

Legal Practice Area 1
(iii)

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Weeks 1 – 13 7 8

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(iv)

IACS Registration, subsidies and quotas; Renunciation of

tenancies; Resumption of ground from tenancies; (vi) Notices to Quit; (vii) Improvements (old and new) and fixed equipment Landlords, consent and obligation to provide; tenants entitlement to compensation and termination an obligation to maintain; (viii) Arbitrations; (ix) Succession to tenancies – testate and intestate – compliance with time limits and service of notices; (v)

Legal Practice Area 1
(x) Rights of tenants / landlord on termination, including compensation for improvements, dilapidations, waygoing payments and other statutory entitlements to compensation; to Leases:

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(d) Alternatives

(i) Limited Partnerships; (ii) Contract / Share Farming agreements. (iii) Statutory exceptions including Seasonal grazing Lets and Section 22(2)(a) Leases. FURTHER DETAILS

TRAINING COURSES / SEMINARS

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Subject

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posted:1/31/2010
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