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Agricultural Dispute Resolution Lawyers
Agricultural disputes encompass a range of complex issues, from farming inheritance disputes and disputes between members of families farming in partnership, through competing priorities for land use, occupation arrangements and tenancy disputes and succession planning to contractual disagreements and intellectual property rights.
Navigating these challenges requires a deep-rooted understanding of the legal frameworks as well as the unique dynamics of the sector. Our clients are often long-term stewards of their land, balancing a variety of competing interests and sustainable management goals in an increasingly challenging economic and legislative environment and within an industry with inherent risks around climate change, trading conditions and consumer demand. We understand how critical it is for our clients to have access to well informed advice and, when disputes arise, for them to be resolved efficiently and cost effectively, minimising disruption to our clients’ business and farming activity.
Our tailored services are designed to meet these evolving needs, helping our clients to avoid disputes arising where possible. Where dispute arise, we have the capability and experience to handle them effectively. Coupled with our creative and holistic approach to dispute resolution we help ensure that our clients can maintain their operations and thrive in uncertain times.
Agricultural dispute resolution
The range of issues that can arise – and give rise to disputes – in the agricultural sector are as diverse as the personalities and businesses involved. They include:
- Agricultural landownership and stewardship – protecting and managing land appropriately, and ensuring others in occupation do the same
- Agricultural tenancies and other occupancy structures such as contact farming arrangements, partnerships and joint ventures
- Strategic land, and the opportunities it can offer for development, renewables projects, natural capital uses or diversification
- Farming and agri-businesses and rural enterprises – planning for family business succession or tenancy succession, partnership arrangements and corporate structures. We understand that, particularly for those living on holding, agricultural enterprises can represent the ultimate intersection between our clients’ personal, family and business interests
- Family trusts holding or facilitating the use of agricultural land, and the particular factors trustees need to consider
- Natural capital and environmental initiatives, the interplay with existing land use or restrictions and how landowners, tenants and investors might collaborate or co-operate to maximise benefit
- Business structures particularly relevant to the agricultural sector such as producer organisations and co-operatives
To navigate these effectively, landowners, farmers, rural businesses, and landowning families need access to clear, practical advice from lawyers who understand the complexities of the sector. Our team has a breadth of sector-specific expertise and knowledge as well as working seamlessly cross-firm with colleagues to draw on wider specialist knowledge from our Private Client, Private Property, Intellectual Property and Employment teams when needed. This ensures that our clients have practical, clear, pragmatic advice, to enable them to make informed decisions and achieve the best outcomes.
Our agricultural dispute resolution expertise
Agricultural Tenancy Disputes
Agricultural Tenancy Disputes
Agricultural Holdings Act 1986 and Agricultural Tenancies Act 1995 tenancies. Our expertise includes all forms of notice to quit, rent review notices and contested rent reviews, notices to pay, notices to remedy and succession applications. We can also assist with tenancy succession analysis, planning and negotiation, and options for landlords as a result of a tenant’s breach of tenancy. Our team has extensive experience of alternative dispute resolution including mediation. When disputes are not resolved by negotiation or mediation, we have the expertise and experience to efficiently handle arbitrations and Tribunal or Court proceedings as required.
Possession for Development or Renewable Projects
Possession for Development or Renewable Projects
Securing possession of tenanted agricultural land for development or renewables projects including pre-planning review and advice on access rights for surveys, early-stage tenant engagement and Case B issues including contested arbitration.
Land Use & Tenure Restructuring
Land Use & Tenure Restructuring
Surrenders and restructures of agricultural tenancies or occupancy arrangements to facilitate diversification opportunities, tax planning, to enable development options or negotiated arrangements, rent review. Assignment of unwritten tenancies.
Farming Partnership and Family Business Disputes
Farming Partnership and Family Business Disputes
Traditional partnerships including unwritten or partially documented partnerships and those where partnership assets include agricultural property, livestock and deadstock. Includes shareholder actions in the context of family businesses and quasi-partnerships, and LLP disputes, as well as disputes related to contract farming agreements. We also have experience of advising co-operatives and grower organisations.
Rural Residential Occupancy Issues
Rural Residential Occupancy Issues
Identification and risk mitigation in respect of unwritten agreements, agricultural employee accommodation arrangements including protected occupancies and assured agricultural occupancies and occupation contracts. We can also advise on issues related to common law tenancies and service occupancy agreements.
Third party rights over land, title matters and Boundary Disputes
Third party rights over land, title matters and Boundary Disputes
Disputes over the use, ownership, access to and extent of agricultural land including easements, adverse possession, disputes related to overage, restrictive covenants and their interplay with agricultural or related land use, boundary disputes and disputes over ownership or between co-owners.
Trespass and Nuisance Claims
Trespass and Nuisance Claims
Including common law eviction and equine impoundment arrangements, nuisance and non-natural use (Rylands v Fletcher) claims.
Proprietary Estoppel Claims
Proprietary Estoppel Claims
Related to agricultural land and assets including agri-businesses.
Trust and Probate Litigation
Trust and Probate Litigation
Particularly where trustees hold agricultural property, livestock and deadstock or rural businesses are involved, TOLATA issues.
Natural Capital and Biodiversity Net Gain (BNG) Projects
Natural Capital and Biodiversity Net Gain (BNG) Projects
Regaining possession of agricultural land for specific projects, advice relating to diversification alongside existing use. Advice on the ability to use land subject to restrictive covenants or statutory designations.
Contractual Disputes and Tortious Claims
Contractual Disputes and Tortious Claims
Including disputes related to supply arrangements and Animals Act claims.
Rural Payments Agency issues
Rural Payments Agency issues
Including complaints and appeals.
Why choose us
Our specialist agricultural dispute resolution lawyers combine first class legal knowledge with extensive sector expertise from many years of working with farming families, landed estates, trustees holding agricultural property and with agri-businesses. Our clients are often long-term stewards of the land they own or farm. We also build relationships for the long term, enabling us to fully understand our clients’ needs and objectives. Knowing what matters to our clients is key.
Publications and articles
Legal director Maddie Dunn is the Consultant Editor of the 2023 reissue of the “Agricultural Production and Marketing” chapter of Halsbury’s Laws of England.
Our agricultural disputes lawyers – and the wider cross-firm agricultural and rural affairs team - frequently provide insight into current legal issues affecting the agricultural sector.
Recent articles and quotes in the agricultural and mainstream press include:
- Maddie Dunn writes for Farmers Guardian following real-terms Defra cuts in the 2025 Spending Review
- BBC News quotes Emma Preece on a Supreme Court decision around whether people can camp in certain areas of Dartmoor without permission from landowners
- Sarah Wray writes for Farmers Guardian on what landowners might expect from the Autumn Budget
- Maddie Dunn is quoted by Circular Online in relation the impact on the farming community as Defra faces major cuts in the 2025 Spending Review
- Farming Life quotes Sarah Wray on the reform of Agricultural Property Relief announced in the UK Budget and the impact on farmers and landowners
Testimonials
Charles Russell Speechlys LLP stands out for its robust agricultural practice, praised for its ‘deep and enduring knowledge of the landed estate sector"
Maddie Dunn has particular expertise in farming partnership and tenancy disputes as well as the full gamut of disputes that arise from rural land ownership and equine matters.”
Tom Denham-Smith is a star.”
Oliver Auld’s “vision is excellent and his calm demeanour belies his razor-sharp mind. To use the analogy of litigation being like a game of chess, Oliver has been several moves ahead.”
Emma Preece is a fast-rising star of the property litigation scene. She has particular prowess in rights of way and boundary dispute matters and she is another who likes to get to grips with new law.”
Meet our agricultural dispute lawyers
Our thinking
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Food Security is National Security: can regenerative agriculture help fortify the UK?
Maddie Dunn
Insights
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Sowing doubt: slashing green farm funding is a risk we can't afford
Maddie Dunn
Quick Reads
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Sarah Wray writes for Professional Adviser on the inheritance tax consultation on agricultural and business property relief
Sarah Wray
In the Press
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Solar Development on Agricultural Land: energy security v food security
Rachael Davidson
Quick Reads
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Spring budget 2024: Agricultural Property Relief extended from 2025
Henry Fea
Insights
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Top 10 Tips: Terminating agricultural tenancies affecting development land
Emma Preece
Insights
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Q&A: Do the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 apply to agricultural tenancies?
Emma Preece
Insights
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