A guide to farming law

Farming is a way of life, and the challenges it brings require focused, expert guidance.

Have you ensured your farm’s legal foundations are strong enough for the future? Moore Barlow’s agricultural law team provides the support necessary to protect your business, land, and family legacy.

Farming law is a specialist area of legal practice that covers a wide range of issues affecting farmers, landowners, and rural businesses. From land ownership and agricultural tenancies to environmental regulations and farm succession planning, understanding the legal framework surrounding farming is essential for protecting assets and ensuring compliance with the law.

What is farming law?

Farming law encompasses the legal rights, responsibilities, and regulations that apply to agricultural businesses and rural landowners. It covers areas such as land transactions, tenancy agreements, farm partnerships, environmental compliance, employment law, and rural property disputes. With the agricultural sector facing increasing legal complexities, expert legal advice is essential to navigate the challenges and opportunities in farming.

Key areas of farming law

1. Agricultural tenancies and land use

Farmers and landowners often enter into tenancy agreements to lease land for agricultural use. The Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995 set out the legal framework for these agreements. Understanding the differences between Agricultural Holdings Act (AHA) tenancies and Farm Business Tenancies (FBTs) is crucial when negotiating terms and securing long-term arrangements.

2. Farm succession planning

Succession planning is a vital aspect of farming law, ensuring that agricultural businesses are passed down smoothly to the next generation. Without a clear plan, inheritance disputes and tax liabilities can arise, putting the future of the farm at risk. Legal support can help structure wills, trusts, and partnership agreements to safeguard farming assets.

3. Rural property transactions

Buying, selling, or leasing farmland requires specialist legal knowledge to navigate the complexities of rural property law. Issues such as rights of way, easements, restrictive covenants, and planning permissions must be carefully considered to avoid disputes and ensure a smooth transaction.

4. Environmental and regulatory compliance

Farming is subject to strict environmental regulations, covering areas such as water use, waste management, pesticide application, and biodiversity protection. Non-compliance can lead to significant penalties, making it essential for farmers to stay up to date with changing legislation and secure the necessary permits and licences.

5. Contract farming and share farming agreements

Many farmers enter into agreements with contractors to help manage farm operations. Contract farming agreements allow landowners to retain control while outsourcing labour and machinery, while share farming agreements involve two independent parties working together and sharing costs and profits. Ensuring these agreements are legally sound helps protect all parties involved.

6. Employment law in farming

Farm businesses often employ workers for seasonal or permanent roles, making compliance with employment law essential. Key considerations include contracts of employment, health and safety regulations, and workers’ rights under agricultural wage laws.