Expert guidance on forging relationships between aspiring farmers and existing landowners

1. The
Land Partnerships
Handbook
A new approach - using land
to unlock business innovation

2. The Land Partnerships Handbook The Land Partnerships Handbook
The Land Partnerships Handbook A new approach, using land to unlock business innovation
Contents Foreword Land is our most precious resource.
Land supplies our food, water and
energy. It supplies the raw materials
ways of thinking about old problems, new
opportunities for creating sustainable
businesses. And to think about the long
for countless rural businesses and so term as well as our immediate needs.
04 What is the Land Partnerships Approach?
supports the local economy. It offers
landscapes of outstanding beauty This handbook sets out practical and
06 Step 1 Taking stock and unforgettable experiences. It is a constructive ways to build and strengthen
haven for nature. the relationships that will make this
08 Step 2 Finding the right match happen. It aims to unlock the potential
But land is also a scarce resource of land and of budding entrepreneurs, to
Dame Fiona Reynolds DBE and one under increasing pressure from encourage us to explore new forms of
10 Step 3 Creating a balanced agreement Director-General the demands of a growing population. land tenure – and to use existing models
National Trust We need smart land management more imaginatively. It is both practical
12 Step 4 Selecting a legal framework that balances social, environmental and guide and thought provoker. Above all, it
economic needs – now and in the future. is far sighted in seeking to address one of
18 Step 5 Thinking long-term 15 That demands a new approach. This
Land Partnerships Handbook sets out
the biggest challenges facing us all.
that approach. Ultimately our success in managing our
CASE STUDIES 16 Good land management depends on
partnership – between landlords and
land will be judged by future generations.
Our responsibility is to do everything we
can to ensure that we hand on land that
05 FarmStep project in Oxfordshire tenants, producers and consumers, meets their needs as well as it has met
owners and communities. To manage our our own. This will be not be a simple
07 Dartington Hall Estate land in a balanced and sustainable way, task. But by working as partners to meet
we need to harness the enthusiasm and social, environmental and economic
09 HerePigPig creativity of all those groups, working needs, now and for the long term future,
15 FutureFarms together. We need fresh ideas, new we stand a chance of doing that.
16 Clinton Devon Estate
19 The Story
Acknowledgements 19 Why this is
My long standing concern has
been how we maintain a diverse
This issue was recognised by
representatives from across the
The Land Partnerships Handbook is itself the product of strong
needed now and thriving farming industry for
the future. It is now clear that we are
industry at the Fresh Start National
Farming Ladder Seminar in 2011.
partnership. The project was conceived by LandShare CIC and the missing a crucial factor in ensuring Now this timely handbook has
Dartington Hall Trust. The handbook was written by Tom Curtis of this as we go forward. This is the grasped the challenge. It is a major
LandShare CIC and David Riddle of LandWise Rural Resource ability for ambitious and innovative step forward; without preaching
Management, with legal advice from Mark Charter of Blake Lapthorn new farmers to gain a foothold and radical change it points to how a
Solicitors. Alison Rickett of Fresh Start coordinated the production of the get on up the farming ladder. fresh, collaborative approach between
document, and the National Trust helped with print and production. Heidi landowners and ‘land entrepreneurs’
Proven of Landshare.net organised web resources. Rachel Harries of the There are many reasons for this, can unlock new potential.
Soil Association, James Copeman of James Copeman Co and John Lord Donald Curry but key is the sharp decline in
Channon of Dartington gave active support through the project steering of Kirkharle medium size holdings, from 32,000 I urge you to read on. The partnership
group. Funding was very kindly provided by The Ernest Cook Trust, Holly KB CBE FRAgS to 18,000 in the past 20 years. This behind this handbook demonstrates
Hill Trust, Dartington Hall Trust, and Blake Lapthorn Solicitors. We are also means the barriers to entry are high, how we as an industry can work
grateful for all the case studies and endorsements other organisations and the opportunities limited, and we are together to capture the talent and
businesses have contributed throughout the document. All contact details in danger of having a closed shop. passion of our future farmers.
can be found on www.LandPartnerships.org
02 03

3. The Land Partnerships Handbook
What is the Land Our approach
This handbook is structured around a
Partnerships approach?
five-step process, which is designed
to address both the technical and
the relationship-building aspects of
creating a strong business to business
arrangement. Each step emphasises
a critical element of the approach, as
Building on the long heritage of land Who might be interested?
described in the diagram below.
tenure, the emphasis is on creating Landowners Step 1: Taking stock
sound business relationships. n L
ate career farmers, thinking
about succession, planning to
Making a clear assessment of the
assets you have at your disposal,
and what you would like to achieve
T
wind down from some of the
with them
his handbook describes a new The conventional, and perfectly practical aspects of running a
approach to help landowners legitimate, way to let land is for a farm, or to pass on experience to
parcel out land and buildings on landowner to advertise a tenancy a new generation
which ‘land entrepreneurs’ can opportunity with a ready-made draft n ew landowners, who want
N
establish new, independent businesses. agreement. Prospective tenants compete to see their land used practically CASE STUDY Step 2: Finding
The approach places strong emphasis on for selection through a tendering process. and gainfully, but who are not the right match
the process of forming and maintaining
sound business-to-business relationships.
The Land Partnerships approach will tend
to differ in terms of ethos and process:
in a position to farm the land
themselves
Camilla and Roly, and the Getting the right combination of land,
n ctive farmers, with land,
A FarmStep project in Oxfordshire people, skills, and objectives
Legal agreements are an important n T
he ethos of Land Partnerships is who wish to diversify their
part of this process but they are seen essentially reciprocal, with both parties business without the risks and Camilla and Roly both grew up on farms, and both have had successful
as a follow-on to the formulation of a taking the initiative to find each other complexities involved with agricultural careers working for FWAG and LEAF. Their dream was to set
good business deal. We show how you and to shape the nature of the establishing and running several up their own sheep farm – something to which they could bring significant Step 3: Creating a
can use a spectrum of legal models to business deal itself. The result is likely businesses at once practical and people skills, and a thorough knowledge of the sector. balanced agreement
create effective Land Partnerships, to be more balanced, and more stable. n state owners or managers who
E Crucially, they also had an upbeat attitude and lots of energy. The only
according to the nature and needs of have identified a gap in their thing they were lacking was land. Working out how to share the risks and
the businesses involved. n T
he details of what is on offer from the estate system The Earth Trust is a land owning charity with 1,500 hectares of mixed rewards of new land enterprises
landowner and what is expected from n and owning trusts or charities
L arable and grazing land, south of Oxford. The Trust was keen to diversify
The approach is primarily aimed at setting the land entrepreneur will be less fixed. wishing to find cost-effective its farm business holding, partly to broaden the base of its income and
up new lettings or contracts but it can This leaves the process open to novel ways of achieving their social or partly to create a buzz of active and engaging farm activities on its land,
also be used for the creative review or proposals, and creates more potential environmental objectives with which to inspire public interest in food and farming. But establishing Step 4: Selecting
re-negotiation of existing arrangements. for collaborative planning – coming up a cluster of in-house businesses would have been complicated and
with ideas and solutions together. Land entrepreneurs expensive. So the decision was made to invite in innovation through a
a legal framework
What makes the n Y
oung farmers, with the scheme called FarmStep. Most of the required legal and business
approach different? n D
eciding and agreeing the most training and experience to set up Camilla and Roly now run a sheep farm on the Trust’s estate. They structures exist already. This is about
There are already nearly 15,000 tenant suitable form of agreement will be a new farm business, but without have 400 ewes and produce lamb which is sold through local farmers’ using tried and tested tools to create
novel outcomes
farmers in the UK, working on more than the end point of the process rather the land or capital markets. Roly says: “For us this is a lifelong ambition. The business is
a third of our agricultural land. The Land than the starting point. n xperienced farmworkers or land
E ours, and the land is owned by the Trust. Setting up our sheep farm would
Partnerships approach builds on a long managers, who have decided not have been possible if we had had to buy our own land, so this has
heritage of land tenure, from modern joint Why is this useful? to take the step up into running been an important opportunity for us.” Step 5: Thinking long-term
ventures and Farm Business Tenancies, The promise of a Land Partnerships their own business, but who do Being prepared for the inevitability
back to medieval common rights. approach lies in the benefit it brings to not have the capital to buy land of change; creating options,
n eople with a related business
P both parties. Encouraging land-own- improved risk management and new optimising resources, and building
background, such as food retail ers and land entrepreneurs to combine ways of marketing, or it may simply business relationships that will stand
Encouraging landowners and land entrepreneurs to or horticulture, who are keen to resources to create new land enterprises involve the creation of a new business.
the test of time
branch out into the business of provides the owner with new ways to
combine resources to create new land enterprises land-based production diversify their operation. And it gives land We think that opening up this space
provides the owner with new ways to diversify their n ommunities or groups of
C entrepreneurs the chance to apply and for creative entrepreneurship is Potential land partners should use
consumers who wish to set up develop their business skills without the important. In a world of growing the handbook as a stepping off point;
operation. And it gives land entrepreneurs the chance or invest in a Community prohibitive cost of land purchase. needs and shrinking resources, we to scope what is involved, to help
to apply and develop their business skills Supported farm which will
produce products on their behalf. The outcomes might include better use
need to muster as many smart and
fresh ideas as we can to make best
explore options and to point towards
sources of more detailed and specific
without the prohibitive cost of land purchase. of assets, integration of enterprises, use of the land. n information and advice.
04 05

4. The Land Partnerships Handbook
Step 1: Taking stock CASE STUDY
Addressing risk on the
Dartington Hall Estate
Scrutinising your own motivations, in Devon
assets and requirements will be time “For some years now, it has been our
well spent. practice at Dartington Hall Estate to
offer small parcels of land to rent for
W
innovative or experimental uses to local
hether you are the 3. Discuss. What do your family, Land Partnerships groups or individuals. Sound business
landowner or the land colleagues, land agent and other are not restricted to planning is essential, as it is fair to say
farming. Enterprises
entrepreneur, the Land professional advisers think? that the more innovative a proposal is,
at Dartington include
Partnerships approach has the development of a
the higher the risk to both parties is likely
to result in a viable and realistic 4. Balance clarity against being too woodland products hub to be. The Estate accepts that some
business arrangement. The aim is to prescriptive. It’s critical to be clear businesses will fail, but through our
generate value by bringing together about what you are looking for, but you approach of encouraging a number of
complementary assets, skills and should remain open about how you different experimental enterprises, we
aspirations from both parties. The might achieve your objectives. One of spread the risk and the failures are more
starting point for making this happen is the benefits of Land Partnerships is than compensated for by businesses
to be very clear what your own assets, that, by clubbing together with another which are successful.”
skills and aspirations are. By taking business, you may discover unexpected
stock before starting to look for a land solutions and opportunities. John Channon
partner you will be able to: Land Use Manager
Thinking about risk
n C
ommunicate what you have to offer, Attitudes to risk, and perceptions of
so that you can attract the most risk, have a strong influence on decision compliance or breadth of the customer
appropriate partners making. In general it is natural for us to base. Others will be external and less Questions you might ask yourself
perceive activities we are familiar with controllable, such as input and
n Draw up a focused set of search as being safer than things that are new. commodity costs, or the weather. Landowner Land Entrepreneur
criteria so that you can select the But any business, whether long- Some will be difficult to gauge, such
best land partner for you and established or an untried start-up, is as those from novel enterprises, Motivations Is this about building up a farm business, or Is this a stepping stone to something else, or
your business exposed to risk. And in uncertain times young entrepreneurs or untested plans. scaling back your commitment? Are you looking do you want to settle down? Do you have a
– as we face with land enterprise – But that doesn’t mean they are not for someone to develop a particular business precise vision for a type of farm or business?
n I
dentify clear outcomes and taking a chance on the new might just worth taking. The Land Partnerships opportunity, or are you open to suggestions? Is this a way of life, a way to change the world,
parameters against which to pay off against holding fast to an old approach encourages both parties to Is this part of a vision for the whole estate or a or just a way of making a living? Are you
evaluate potential partnerships business model. examine their appetite for risk and to solution for one parcel of land? How hands-on aiming for independence, or do you want a
plan for uncertainty proactively. The or hands-off do you want to be? close business partnership?
The process of taking stock can be So it is important to make an development of new businesses will
instructive and revealing. Our key even-handed assessment of risk. Some introduce new risks; but the opportunity Assets What land, buildings, and equipment might What skills can you bring to the new
recommendations for getting the risks will be familiar – internal to the to diversify, integrate systems and you wish to make available? What other business? Do they just relate to farming, or
most out of it are to: business or capable of being managed, perhaps reduce off-farm inputs may business interests do you have which might do they include marketing, communication,
such as the diversity of income, legal offset others. n complement a new one? What markets can retail or business development? Do you have
1. Structure your thinking. We find it you give access to? What skills and experience equipment or livestock? How much capital
useful to do this under three headings: might you be willing to offer? Is there any do you have access to? What’s your business
Motivations – what are you in this for? It’s critical to be clear about what you are looking for, infrastructure that you will need to develop or idea? Are there any skills or plans you need to
Assets – what have you got to offer? upgrade before you can offer up land? develop before seeking a land partnership?
Requirements – what do you need?
but you should remain open about how you might
achieve your objectives. One of the benefits of Land Requirements Do you need the new business to provide a Does this have to provide you with a living
2. Take time. Avoid simply plumping particular service (straw, muck, energy…)? wage? Do you need a house? How much
for the most obvious answers and Partnerships is that, by clubbing together with another Is there a financial benchmark you need to land/property do you need to start? How
conclusions. The process of reviewing
your business situation might spark off
business, you may discover unexpected solutions match? What absolute red lines do you have?
For example, these might relate to contractual
much might you need further down the line?
What infrastructure will you need? Are you
new ideas and perspectives. and opportunities. commitments, grant or tax pitfalls (see Legal absolutely fixed on one business idea?
briefing on p17), or personal preferences.
06 07

5. The Land Partnerships Handbook Online matchmaking
Making connections in person is
a good way of creating a credible
first impression, but the farming
community is making more and
more use of online forums,
discussions and classified ads for
Step 2: Finding
making business connections.
Landshare.net has developed
an online matchmaking service for
© Ernest Cook Trust (www.ernestcooktrust.org.uk)/Alexander Caminada
people with land, and people
the right match seeking land, to connect. Matches
span every scale from garden
veg patches to fully fledged
smallholdings, and now increasing
numbers of people are using it to
The right mix of land, people, skills and identify business opportunities for
larger scale production such as:
aspirations forms the foundation of any n onverting surplus land into a
C
supply chain for local restaurants
land enterprise arrangement. n ffering shares in the farm
O
business to the local community
T
n etting up a new livestock
S
he aim of this step, for both Examples might include firms of rural Land Manager, Oliver business
Dallyn, with tenant farmer,
the landowner and the aspiring surveyors, agricultural colleges, or
Roger Giles-Austin of Calley
land entrepreneur, is to make organisations such as Fresh Start. Farm on the Ernest Cook CASE STUDY
the most of their chances of Trust’s Hartwell Estate in
attracting the best and most compatible
land partner. For both parties this means
n The Land Partnerships website
www.LandPartnerships.org gives
Buckinghamshire. HerePigPig
presenting your skills and assets in the links to online sources of contacts Lee, Jason and John of HerePigPig
best light and to the right sort of people; and information. n Meet, at least once. The need for
typical, successful Land Partnerships about the timing that is especially good, met online, discussing a shared
understanding what others might the land entrepreneur to come out arrangement. or perhaps not so good? passion for pigs. Within a year they
be looking for and, ultimately, making a 2. Choosing to the land to meet the landowner is had found a willing landowner
good choice about who to work with. In Ideally both landowners and land obvious. We also find that visits in n Use a checklist and think through n Be clear about your needs and goals to rent them some land and
practical terms this involves two things: entrepreneurs will be in a position to return by the landowner, in the other these areas: and avoid wishful thinking. If you have established a four-acre piggery.
compare several options before making direction, can create revealing and Practicalities – could it work? a nagging concern, flush it out and They now rear an ever-growing
1. Putting the word out a choice. Our advice is to be both different conversations. They also help Personalities – will you get on? address it now. Whatever the range of rare breeds which they
This is something to be strategic about. methodical and to use your instincts: emphasise the two-way nature of a Circumstances – is there something outcome, it’s better to know. n have started to sell through their
Advertising can be an expensive Own a Pig scheme.
business and it is important to
balance the need to get exposure to Top 10 things that landowners are looking for Top 10 things that land entrepreneurs are looking for
lots of people against selectively getting
in touch with the best people, with the 1. ealistic business ideas – the landowner has a financial interest in the
R 1. he right infrastructure – the basics; can they physically run their business
T
best credentials. The first and potentially business doing well, so drive and enthusiasm has to be backed up with a from the property?
most effective avenues are likely to be: robust business case 2. ccess to markets – is there passing trade? Are there established routes to
A
2. Professionalism – they need to be confident that compliance issues, market? Promising leads or favourable local demographics?
n Personal and professional networks. contractual commitments and day-to-day business will be managed as a 3. fair deal – they might be betting their future on this, so a solid and
A
It’s quite likely that you, a colleague or matter of course and without fuss transparent deal will be important; more attractive than a bargain with the
a local agent know someone, or know 3. Commitment – they want good people who will stick around; because risk of insecurity or unexpected costs
someone who knows someone. This it’s essential for continuity, and because a high turnover of tenants is 4. pace to develop – in terms of physical space, business growth and scope
S
approach can give you access to expensive, time consuming and risky – will they have the freedom to adapt and grow as they go along? “We’re delighted to see new farm
recommendations and intelligence at 4. ractical proficiency – is critical for the day-to-day running of any
P 5. pportunities for collaboration – it may be marketing, logistics, ma-
O businesses emerging through our
little cost. But unless it generates some land-based business and will be seen as an asset to have around chinery. The existence of complementary enterprises, open to working land listings service. By working with
attractive options, it makes sense to 5. rive and confidence – to see the plan through
D together, can be attractive to a start-up which has yet to build up its capacity Land Partnerships to help create
open up the field and shop around: 6. positive mind-set – making a living from the land can be hard and even
A 6. Stability – they will need to put their all into their new business, so they even more successful matches,
the best business relationships have frustrations, so finding people who need to feel confident that circumstances are fairly stable we look forward to seeing more
n The press. This would most likely are upbeat has real value 7. Experience – some will value the advice and perspectives of an people finding new ways into food
involve a small-ad in the farming press 7. sound financial position - they need to be confident that start-up costs
A experienced farmer or other established businesses production and keeping livestock.”
or in a local newspaper. Alternatively, can be met, and that the business has the creditworthiness to invest and 8. Encouragement – this support is especially welcome if it is both optimistic
Land Partnership opportunities can and grow. Evidence of access to capital will look good and emboldening Hugh Fearnley-Whittingstall,
have been promoted to the media as 8. lear communication – is important in all working relationships
C 9. can-do approach to problem-solving – problems are bound to arise and
A Landshare.net
news stories in themselves. 9. hared values – land goes deep and while the new enterprise needn’t be
S many day-to-day issues are impossible to legislate for. The practical
exactly what the landowner would do, it should at least fit with their ethos capacity to react, solve, move on is priceless Access the matchmaking service
n Brokers. There is a wide range of 10. omebody they get on with – farm communities often involve working
S 10. larity and consistency – is important to both parties. It saves time and
C at the Land Partnerships website
professional and voluntary organisations and living in close proximity. Finding people who fit in is of real value. builds trust. www.LandPartnerships.org
who may know of potential partners.
08 09

6. The Land Partnerships Handbook The Land Partnerships Handbook
Landowners’ interests
might include
n I
ncome generation
n G
etting buildings used and maintained
n upporting the local community
S
n ncouraging young business talent
E
Step 3: Creating a
n aintaining/enhancing their reputation
M
n uilding support for future development
B
n reation of complementary enterprises
C
n dding value to existing enterprises
A
balanced agreement n emonstrating good practice
D
n nhancing the environment
E
n educing their carbon footprint
R
n ncreasing local business resilience
I
Once landowners and entrepreneurs have found each Entrepreneurs’ interests
might include
other they need to define a relationship that will last. n M
aking a living
A
n R
ealising a dream
new land enterprise involves and is a crucial step towards building trust resentments and be prone to disputes n emaining in a locality
R
a significant – and largely and developing the insight needed to form or early breakdown. It is fine for both n ursuing a passion
P
irretrievable – investment of strong relationships. landowner and entrepreneur to hold on n aking a brilliant business idea reality
M
time, energy, money and passionately to their interests but positive n aking use of their specialist skills
M
goodwill. So the land entrepreneur will To enable creativity, at this stage it is relationships are about striking the right n eveloping new business skills
D
want to avoid the prospect of uprooting important to keep options open and not balance and being open minded about the n ontributing to their community
C
their business, and the landowner will become too focussed on a particular best way to meet respective interests. n ontinuing a family business
C
want to avoid having a high turnover of outcome or predetermined solutions. Enlightened professional advisers or n stablishing a family enterprise for
E
lettings, empty properties or conflicts of The better the understanding of each agents working to a suitable brief can younger generations
interest; all of which take up resources, other’s needs the more imaginative the facilitate the whole process. n orking alongside complementary
W
and can have an impact on local relations. exploration of ways to meet them. businesses
In shaping the balance of the partnership
By this stage both parties will have a This requires a transparent and flexible a key consideration will be the degree of
clear idea of their own interests and approach and a willingness to address risk each party feels able to take. This will
objectives. Now, a crucial ingredient of the issues and opportunities together, side vary from relationship to relationship and
Land Partnerships approach is to develop by side rather than in opposition across a will depend on the experience, skills and
a genuine understanding of, and respect negotiating table. To create really positive confidence of each party as well as their
for, each other’s interests. This will help to relationships it is in both party’s interests personal motivations and resources.
spot synergies and potential conflicts early to help solve the other’s problems and to
on so they can be built on or managed look for mutual gains. Some things that Typically, tenancy agreements are
constructively as needed. It will also help might be of low cost to one might be of drawn up by the owner or their agent
avoid misunderstandings that often result high value to the other. Identifying such and understandably tend to favour their
from preconceived ideas and ready-made opportunities can be liberating. particular interests. A Land Partnerships
assumptions. This is a two-way process approach encourages a more flexible
Successful Land Partnerships use of agreements, tailoring contractual
arrangements will not be founded on hard responsibilities to suit individual
Considerations in bargaining or one party getting a good deal circumstances and the varying levels of
defining the partnership at the other’s expense. One-sided control required by each party. n
agreements will be weak, will harbour
n W
hat land and buildings are
involved?
n ow long does the agreement
H
“The most important aspect of the relationship
need to be? between a landlord and tenant is that it works for both The Country, Land Business Association (CLA), which represents
n ho provides capital?
W
n hat services are available?
W parties: this will involve trust, understanding, and a the landowners and managers responsible for around half of the rural
©National Trust Images/ Penny Tweedie
n hat help and support might
W
the business need?
business arrangement that is mutually acceptable and land in England and Wales, welcomes this document as a valuable contribution
n ow much control does the
H which will last. Obtaining the highest possible rent is to the debate. It provides sound advice on a fresh approach to what is, for many
owner want to retain?
n hat is the basis of payment?
W never the only factor, nor is it advisable to be too rigid; CLA members, a core part of their businesses. We agree that effort applied to
n ow should payments be
H flexibility and sensible compromise are often the defining the parameters for a new venture is likely to be very worthwhile. If this
reviewed?
n hat degree of risk is each
W hallmarks of a truly successful arrangement.” handbook helps people secure a more diverse and sustainable future for their
party prepared to take?
Nicholas Ford Director and Agent for the Ernest Cook Trust land and those who earn their living from it, it will have been a big success.
10 Oliver Harwood, Chief Rural Surveyor, CLA 11

7. The Land Partnerships Handbook The Land Partnerships Handbook
Step 4: Selecting own separate business. Typically, the
owner will provide the land, buildings
and fixed equipment while the farmer
5 Conventional Farm Business
Tenancies (FBTs) are the most
common model for new lettings of
a legal framework provides labour, management expertise
and mobile machinery and equipment.
Where livestock are involved they may
land. The owner is not directly involved
in the farm business and simply offers
land and/or buildings in return for an
be shared, with both parties owning agreed rent. The rent is typically based
an agreed proportion of each animal or on the market value of the holding and
Practicalities and terms defined, it’s time When discussing legal frameworks,
the clearer the brief, the more cost
they may be provided entirely by one
party. Input costs are shared in agreed
is reviewed every three years. As such
it does not reflect annual fluctuation of
to agree the right legal structure. effective the legal process will be.
©National Trust Images/Joe Cornish
proportions and each party owns a
pre-determined share of the produce.
farm business returns, which means
that the tenant can carry a high level
O
of risk. FBTs are, however, much more
nce the landowner and land save money: the clearer the brief, the in farming but don’t want to carry out somewhere between a traditional 4 Licences are routinely used flexible than their Agricultural Holdings
entrepreneur have thoroughly more cost effective the legal process day-to-day operations. Typically the partnership and a company. While the to let grazing rights on a short-term, Act predecessors and landlord and
defined their business will be – a view endorsed on page 17 farmer will run the business and make members of an LLP may effectively often seasonal, basis. Formal tenant have much greater freedom to
relationship, they are in a by Blake Lapthorn in their legal briefing. key decisions but a contractor will carry operate as partners, many of the occupation of the land, for tax, single agree terms which suit their particular
strong position to start thinking about out the practical farming operations as administrative requirements of an farm payment and cross compliance relationship. There is great scope to
appropriate legal frameworks with The spectrum of legal options agent for the farmer. The farmer cannot LLP mirror those for a company, for purposes, remains with the landowner. use FBTs imaginatively to replicate the
which to formalise their agreement. Various types of legal agreement are seek a guaranteed income under such example, having to file accounts at Licences can be useful for the land benefits of other types of agreement in
available, giving different degrees of an arrangement as, for tax purposes he/ Companies House. The attraction of entrepreneur, often as a supplement a more familiar form.
In broad terms, the legal options control to the landowner and land she must be seen to be taking financial an LLP is that an individual partner’s to other land held under longer term
exist along a spectrum of control: entrepreneur. At one extreme, the risk. They will also retain responsibility liability may be limited in a way that is agreements, for instance for grazing, 6 Long Term Lets. Owners who are
from landowners retaining full control land would be farmed in-hand giving for legal and regulatory compliance. not the case in a traditional partnership. forage-making, or to harvest a specialist content to hand over a high degree of
at one end, to land entrepreneurs taking the owner total command over The relationship between partners may crop. For the landowner they can offer control of their land but do not want
progressively more control towards management and business decisions, 2 Farming Partnerships can be used be regulated by a partner’s agreement, a means to graze pasture without to part with it completely can consider
the other end, as illustrated below. performing most of the farming to enable an owner to run a farming and between company shareholders by the need to run a livestock enterprise, long term lets. A FBT or a business
One effective way of homing in on the operations directly and carrying the full operation with others where they are a shareholder’s agreement. or to introduce new rotational options letting could suit, depending on the
sort of agreement that might work for financial risk. At the other, the owner all business partners. These are often into an arable system, such as type of property. n
you is to locate where you think the might sell the land, handing it over to used to involve family members and Other models that follow a corporate grass/clover leys.
terms of your business relationship sit someone else. Between these two lie can be complex legally and in terms of or similar structure exist and a number
on this spectrum. a number of options that might suit taxation. They need to be very carefully of these are referred to under in our
different circumstances: set up and managed to avoid problems examples overleaf. ”The TFA seeks to promote the landlord/tenant
If you can get this far before briefing on the death or retirement of a partner.
your lawyers, then you are more likely 1 Contract Farming is a model often 3 Share Farming is a way of system in agriculture but it is absolutely right that
to get a legal framework which serves used by owners or agricultural tenants A limited liability partnership (LLP) is enabling two parties to farm the same landowners and entrepreneurs engage to ensure that
your purposes. You are also likely to who want to retain their involvement an alternative legal entity that sits land jointly with each running their
the legal arrangements they use to cement their
ongoing relationships are in keeping with their shared
The spectrum of legal options available for farm-based Land Partnerships arranged
according to the apportionment of control between the landowner and land entrepreneur vision and objectives. Falling into the wrong type of
legal structure for the wrong reasons will always be
Greater Greater control
control to the
Contract
Partnerships
Share
Licences
Conventional Long to the land a recipe for frustration, conflict and failure. When
landowner farming farming tenancies term lets entrepreneur
drafting a Farm Business Tenancy, for example, it is
tempting for the professionals to leap towards a
1 2 3 4 5 6
Land is Freehold
farmed is sold standard format when a bespoke agreement based on
in-hand on
a thoroughly thought through Heads of Terms would be
The landowner
exercises full
The farm
business is run
Arrangements
where separate
The parties
remain as separate
The landowner
retains close
The main use for
Farm Business
A form of lease
usually achieved
A complete
disposal of
more appropriate. This handbook provides the parties
management by the landowner, parties come businesses, but control of Tenancies. Though through a FBT or interests, though with a good framework to assess the options available
control but practical together to operate collaborate the land, with FBTs offer a wide business letting, convenants can be
operations are a single business operationally specific rights range of levels of but with longer applied to restrict to achieve sustainable outcomes.”
contracted out being granted engagement terms future use
on licence
George Dunn Chief Executive, Tenant Farmers Association
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