Agricultural Law

As recognised leaders in agricultural law, we can assure you of a top quality service at all times. We are in the enviable position of having four Law Society of Scotland accredited specialists in agricultural law.

Our expertise is frequently sought on issues surrounding the letting of agricultural holdings. The law in this area is based on the Agricultural Holdings (Scotland) Act 1991 which was amended by the Agricultural Holdings (Scotland) Act 2003. The 1991 act provided tenants with security of tenure and rights of succession for their near relatives.

The 2003 act attempted, but largely failed, to free up the agricultural land lettings market. It brought in short-term tenancies of up to five years and longer ones of 15 or more, but these have proved too inflexible for landlords.

The act permits tenants to diversify into non-agricultural activities. It also covers compensation for improvements, disturbance, rent reviews, fixed equipment, residence, termination of tenancies and assignations. The most controversial measure was a tenant’s right to buy if the landlord decides to sell.

Unfortunately the act is unclear in many areas, resulting in litigation in several instances.  We are closely involved with moves to reform the act.

The act also made the Scottish Land Court the first port of call for dispute resolution. But mediation is increasingly preferred as it is quick, cheap and confidential.

Whichever route is taken, we can represent you effectively at every stage. No matter what the issue, our team ensures we understand your needs and strives to achieve your objectives.

For more information please contact Alasdair Fox, John Mitchell or Jim Drysdale.