If you’re looking to buy a rural home or farmland in Nottinghamshire, you may come across properties with an ‘Agricultural Tie’. But what does that mean and how might it affect your purchase?
Alistair Millar, Senior Partner and Agricultural Law specialist
In this article, Alistair Millar, Partner and specialist in Agricultural Law at Tallents Solicitors explains everything you need to consider before buying a property with an agricultural occupancy condition, such as an Agricultural Tie.
What is an Agricultural Tie?
An Agricultural Tie, or agricultural (rural workers) occupancy condition (AOC), is a legal restriction that limits who can live in a property. The condition is usually placed by local authorities when granting planning permission for homes on agricultural land.
It typically states that:
“The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, in agriculture.”
This means the property can only be occupied by someone who works (or used to work) in agriculture, forestry, or a closely related rural trade, or other specified rural employment. You should note that there are various exceptions and, for example, equestrian employment is not agricultural employment.
So why does this matter for buyers?
On the face of it, properties with agricultural ties are often offered for sale at much lower prices than those offered for sale without restrictions, making them appear to be good value to buyers. However, Alistair notes that if you do not meet the criteria of the Agricultural Tie restriction then you may not legally be able to live in the property, even if you’ve bought it, or inherited it. This can cause major issues with mortgage eligibility, resale value, or planning enforcement.
Typical issues encountered when buying properties with Agricultural Ties include:
- Mortgage refusals due to the occupancy restriction
- Lower resale values (agricultural tie homes can be worth 20–30% less)
- Planning breaches if non-compliant residents occupy the property
- Difficulty proving compliance with the property occupancy restrictions if you have non-traditional agricultural work
Buying properties with an Agricultural Tie in Nottinghamshire
In Nottinghamshire, and across the East Midlands, rural and semi-rural areas like Newark, Southwell, and the Vale of Belvoir often include properties with agricultural occupancy conditions.
And these may not always be clearly advertised when the property is put up for sale. So, our advice is always to check the planning history before making an offer on a property.
Our experienced property solicitors can help identify any restrictions during the conveyancing process and advise whether they can be removed or varied according to your future plans for the property.
Can an Agricultural Tie be removed?
Yes, it can, says Alistair but it’s not easy. You can apply to the local council for the tie to be removed or lifted but, for removal, you’ll need to prove that the restriction is no longer necessary. This may involve:
- Demonstrating that no agricultural workers are interested in buying the property (often via estate agent marketing the property without interest for 12 months at a price reflective of the agricultural tie)
- Showing a change in local employment or farming patterns
As an alternative, you can apply to have the tie lifted by means of a Certificate of Lawfulness if the tie has already been breached for over 10 years without enforcement action. You must be very sure of your facts when making such an application as you would be notifying the Council of the potential breach. You should also note that this approach lifts the tie but doesn’t remove it. If the property falls empty for a period or somebody who works in agriculture moves in, the tie is back in place and a new 10 year period will have to pass.
We regularly advise landowners and buyers in Nottinghamshire on how to challenge or vary agricultural occupancy conditions. Every case is unique and our agricultural legal teams can advise you.
How Tallents Solicitors can help
This is a relatively complex area of property law so our property teams in Newark, Mansfield and Southwell can help in several ways:
- Review planning and title documents
- Advise on compliance with agricultural conditions
- Liaise with mortgage lenders familiar with rural planning issues
- Help apply for removal or modification of occupancy ties
- Support you through the full conveyancing process
Thinking of buying a rural home with an agricultural tie? Speak to our specialist agricultural law solicitors today.
— — —
The legal content of this article is correct at the date of publishing. We recommend you seek legal advice with regards to your personal circumstances before proceeding.
— — —
