Selling a farm – What you need to know

How to prepare for a successful sale with specialist legal support

Selling a farm can be a complex and deeply personal decision. Whether it’s part of a succession plan, a strategic exit, or a change in family circumstances, the process requires careful legal preparation to avoid risk and maximise value.

At Moore Barlow, our rural law experts offer the in-depth legal knowledge and practical experience needed to guide you through every step with confidence and clarity.

Preparing for the sale – getting your legal affairs in order

Before the farm is formally marketed, it’s essential to ensure your legal documentation is complete, accurate, and up to date. Buyers—and their advisers—will expect thorough information and may quickly lose confidence if issues arise during the process. Our team will help you prepare:

• A comprehensive legal title review, including addressing any historic gaps in ownership or unregistered land;
• Agricultural tenancy documentation, including Farm Business Tenancies (FBTs) or Agricultural Holdings Act (AHA) tenancies, which can significantly affect value and saleability;
• Details of any third-party rights, easements, or rights of way that cross the land or are reserved to others;
• Planning permissions, building regulations approvals, and any environmental stewardship or subsidy schemes that bind the land.

By identifying and addressing potential issues early, we help ensure the sale process runs smoothly and without unnecessary delay.

Structuring the transaction

The way in which a farm is sold can impact both your legal responsibilities and tax position. Our solicitors will advise you on structuring the transaction in a way that best supports your financial and succession goals, working alongside your accountant and land agent where appropriate.

This might include splitting the farm into separate lots, considering overage provisions on development land, or securing rights of way for retained land. We can also advise on whether to include or exclude mineral rights, and how to manage existing employees, especially those in tied accommodation.

Managing enquiries and disclosures

As a seller, you are required to provide full and honest responses to legal enquiries raised by the buyer’s solicitor. Our team will work closely with you to ensure that the information provided is accurate and compliant with your legal obligations.

This includes:

• Drafting and reviewing replies to CPSEs (Commercial Property Standard Enquiries) or rural-specific enquiries;
• Disclosing any known disputes, boundary issues, or compliance notices;
• Advising on environmental matters including contamination, nitrate vulnerable zones, and conservation designations;
• Reviewing and advising on any contracts affecting the land, including shooting or grazing licences, wayleave agreements and telecommunications mast leases.

Failure to properly disclose material facts can result in claims against you post-completion, so getting the detail right is critical.