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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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We have farmed an area of land for the last 33 years unopposed.

Resolved Question:

We have farmed an area of land for the last 33 years unopposed. The owner of the land adjacent is now looking to sell this land to a third party. Do we have claim to the land we have farmed?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Under normal circumstances you can't stop an owner selling to a third party. You have no right of ownership without a title to the land however long you have occupied the land.
However in the case of agricultural land held on a long term basis you may be able to argue that you have an agricultural tenancy under the Agricultural Holdings (Scotland) Act 1991.
Here is a link to the legislation: http://www.legislation.gov.uk/ukpga/1991/55/contents
In certain circumstances, even if there is no written lease, you can apply to an arbiter to declare what the terms of the lease are and there are rights to buy and succession rights contained in the legislation.
What you must do is contact a solicitor experienced in agricultural tenancies to provide a detailed history of your interest and possession of this land. Then the solicitor will be able to tell you what, if any, rights you have under the legislation. You can call the Law Society of Scotland, www.lawscot.org.uk, for a recommendation for a suitable solicitor. Not all solicitors deal in agricultural tenancies which is a very specialised area. However, from the basic information you have provided me with, it is certainly worth taking a detailed opinion.
Happy to discuss further.
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