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01 overview

Farming Disputes

Agricultural disputes often arise between parties in the farming industry, covering areas like land and livestock ownership, as well as land use.

Agricultural solicitors play a vital role in resolving these issues and safeguarding the rights of everyone involved.

Our network of agricultural dispute solicitors specialises in finding solutions through methods like mediation, which can benefit all parties involved. In more complex cases, litigation may be required, and our experienced team can represent you if needed.

Contact us today to schedule your free case assessment and ensure your interests are protected.

What are the common types of agricultural disputes?

Agricultural disputes can disrupt farming operations in various ways, such as issues with faulty machinery purchased for harvesting crops or machinery failing to meet required standards.

These disputes can range from personal disagreements to disputes over right of way, trespassing, and boundary disputes affecting farm borders.

Agricultural tenancy disputes

Agricultural disputes often revolve around two main types of tenancy: those governed by the Agricultural Holdings Act 1986 and those under the Agricultural Tenancies Act 1995.

These disputes typically arise when agricultural landowners lease their land to tenants for agricultural purposes, creating a tenant-landlord relationship. Common issues include non-payment of rent, failure to adhere to lease obligations, and disagreements over land use.

Non-payment of rent is a frequent cause of dispute, occurring when tenants repeatedly fail to pay the agreed rent for land use. Additionally, farming disputes can arise when the tenant or landlord fails to fulfill their obligations, such as landlords neglecting property maintenance or tenants violating lease terms.

Disagreements over land use are also common, with conflicts arising from differences in practices such as fertilizer use, crop rotation, machinery usage, and livestock management.

Agricultural land drainage disputes

Agricultural land drainage disputes are typically resolved by Agricultural Land Tribunals (ALTs), which are statutory bodies specifically appointed to settle such disputes when regulatory authorities are unable to intervene.

ALTs have the authority to issue orders under the Land Drainage Act 1991, which may include requiring:

  • Carrying out work relating to a ditch passing through land owned by others
  • Replacement or construction of a ditch
  • Altering or removing drainage work when it has damaged neighbouring land

If you need to resolve a drainage issue, you can apply to a tribunal online.

Agricultural property disputes

Property disputes can arise from various issues such as boundary disputes, public and private rights of way, and trespassing. These conflicts can involve tenants and landlords, other landowners, and the public.

One common scenario is repossession disputes, where a landlord seeks to evict a tenant for lease violations, such as non-payment of rent over several months.

Boundary disputes with neighbors can be particularly challenging to resolve and may escalate if not addressed. Seeking support early on can help prevent disputes from worsening.

We can support you with:

  • Rights of way disputes
  • Boundary disputes
  • Adverse possession
  • Proprietary estoppel claims
  • Restrictive covenant and easement disputes
  • Trespass disputes
  • Environmental disputes
  • Ownership disputes
  • Compulsory purchase claims

Supply and contract disputes

Disputes related to agricultural supply and contracts can pose significant challenges for farmers. Issues concerning contracts and service supply disruptions can disrupt farming operations, leading to financial losses and operational setbacks.

Issues can revolve around:

  • Machinery and equipment – when they don’t meet the required standard
  • Personal issues – divorce, dissolution of a civil partnership, or issues with a cohabitation agreement
  • Professional advice – when advice from a professional such as a property expert: surveyor, architect, etc leads to a loss
  • Purchase or sale of land – contract issues can disputes
  • Employment disputes – with farm workers, contractors, and employees

Nuisance claims

Agricultural nuisance claims often involve issues like noise, odors, and pollution, which can impact neighboring properties. To minimise the risk of such claims, farmers should adhere to best practices and be mindful of their activities' effects on neighbors.

When faced with nuisance claims, prompt action is crucial. With the help of an agricultural dispute solicitor, farmers can ensure compliance with regulations and defend against unjust claims.

This proactive approach safeguards business operations and prevents potential damages resulting from court rulings, such as abatement orders or injunctions.

We can help you with claims regarding:

  • Dust
  • Chemicals
  • Noise 
  • Odour
  • Artificial light 
  • Water pollution

Debt recovery 

Recovering debts in the agriculture sector is a common challenge for businesses, as they often encounter situations where other businesses fail to pay for products or services provided.

Our expertise lies in assisting businesses in recovering these outstanding debts, ensuring that they receive the payments owed to them. Whether you need to recover debts owed by agriculture businesses or you're seeking to recover debts owed to your agriculture business, we can provide the necessary support and guidance throughout the process.

How to resolve a farming dispute

Farming disputes can be resolved in court and out of court depending on the dispute or action being taken against your business. 

It all depends on the complexity of the issue. 

There are two main methods of resolution:

Alternative dispute resolution (ADR)

Many agricultural disputes can be solved out of court through ADR. Commonly used methods of ADR in the agriculture sector include negotiation, when both parties meet to attempt to come to a resolution.

In mediation, both parties meet with an unbiased mediator who facilitates open discussion in the hope that both sides agree. In arbitration, an arbitrator hears the views and evidence of both sides and makes a legally binding decision that must be adhered to

Court litigation

Litigation may be required for more complex cases when the parties involved are unable to agree. Court proceedings are more time-consuming and expensive than ADR, so should be avoided if possible. 

How can Lawhive help?

We can help you resolve your dispute quickly with minimal costs. We’ll always try to keep your dispute out of the courtroom.

Our agricultural lawyers have a huge degree of successful experience supporting agricultural businesses, farmers, landowners, and others in agricultural matters.

The sooner you seek legal support the sooner you can get back to business.

Get in touch with our legal assessment team today to book a free case assessment and start resolving your issue.

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