Rural land and business

Rural Fields and Nature

From land sale and purchase to agricultural tenancies, mineral rights to tidal river schemes, and multi-million pound development and renewable energy projects, we cover every aspect of Rural Land and Business. We build lasting relationships with traditional landowners, private investors, and commercial clients. Our deep knowledge of the field is complemented by the time we invest in understanding their unique needs and concerns.

Our modern, commercial, and efficient approach sets us apart from other firms in this sphere, it is what makes us one of the UK’s foremost Rural Land and Business practices.

Unlike others, we don’t wait for issues to arise. We pre-empt challenges and provide focused, commercial solutions. Our clients depend on us, and we value the respect we’ve earned over generations. Taking the long view, we prioritise trust and confidence in the advice and service we provide.

Forsters’ collaborative approach across Private Wealth and Real Estate ensures we understand our clients’ needs and stay ahead of industry developments. Our clients are ahead of the curve, and so are we.

We have specialist expertise in the following areas:

“Pragmatic, friendly, communicative and knowledgeable.” Legal 500, 2024 the team’s expertise is acknowledged in the leading legal directories, receiving top rankings in both the Legal 500 and Chambers and Partners guides.

Nadine Gibbon
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Rural development

Rural Fields and Nature

The driving forces behind each rural development project vary, and can range from preserving and extracting value from present or future development, diversification of estate assets, to development with significant legacy considerations.

Whether it be proposals for new farm buildings, conversion of farm buildings to residential or office space, infill sites, or entirely new development on agricultural land for retails, residential, commercial and mixed-use sites – we have a team who can support you.

We advise our clients throughout their project, starting from the earliest stages to establish the most appropriate type of agreement for the relevant project, so as to maximise the chances of success and the potential value of the project both from a tax and development perspective.

We will work with our clients and advisers to negotiate the agreement for development, providing support through the planning process where clients will be required to be party to agreements for the purpose of obtaining a planning consent to handling the end sale of the site. This process also includes dealing with title issues, due diligence requirements and setting up the necessary steps to deal with tenancy issues to enable a sale with vacant possession.

Nadine Gibbon
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Natural capital

Rural Fields and Nature

At Forsters, we are passionate about the opportunities that natural capital promises for the rural economy, the environment and for the wealth of social and economic benefits that will come with it. We know that the current structures for natural capital opportunities are bespoke and require careful structuring to implement long-term change and to mitigate the risks involved. In addition, our team has gained unique and balanced insights into the foundations of agreements for financing natural capital.

With such drastic change to the use and management of land comes opportunity but also risk. The Rural Land and Business Team works closely with colleagues across the firm, drawing on experts in planning, private wealth and tax planning, litigation, and corporate structuring to deliver the highest quality advice to landowners and land managers to be part of these new markets.

The team’s expertise in this area is reflected in their recent public appearances for the Agricultural Law Association speaking on the future role of Conservation Covenants, and for the Hong Kong Association speaking on the natural capital investment opportunities. Rural Land and Business Partner, Polly Montoneri, has been a figurehead for natural capital in recent years: she is the chairman of the Natural Capital and Forestry Committee for the Country Land and Business Association and works closely with the CLA at government policy level.

Nadine Gibbon
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Strategic land and rural development

Rural Fields and Nature

You are represented by a team that specialises in advising landowners, developers, and land promoters involved in development projects. With particular experience in advising landowners with greenfield or brownfield land for development, we understand the unique needs and interests of each party involved.

We have a clear understanding of the relationship between the different interests of the parties involved and work collaboratively to drive projects forward, whilst upholding and preserving your interests. We pride ourselves in being not just lawyers, but strategic advisors with an interest in and awareness of the sector from a commercial and political perspective.

When acting for you as a landowner, we work closely with your retained advisers (including your retained lawyers) to progress, negotiate, and deliver the initial development agreement. We meet with you and your agents, inspect your potential sites, and assist with the process of interviewing and selecting a business partner, whether it be a land promoter or a major housebuilder.

Every project has its own commercial drivers and hurdles, and we ensure that all aspects are carefully considered, and your particular interests are prioritised. We offer a dedicated team who will see your project through all its stages, providing continued support and advice as it progresses.

What we advise on:

  • Strategic land acquisition and site assembly
  • Advising on title issues including restrictive covenants, easements, and wayleaves
  • Property holding structures
  • Conditional contracts, options, hybrid option/promotion agreements, and promotion agreements
  • Overage agreements
  • Equalisation of sale proceeds via land pool trusts and other collaboration agreements
  • The mechanics of the planning process, securing an allocation in the Local Plan, planning application, s106 agreements, community infrastructure levy, and compulsory purchase orders
  • Construction procurement
  • Forward funding and development finance
  • Infrastructure provision
  • Disposal of developed units
  • Tax planning and advice
Nadine Gibbon
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Nadine Gibbon

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Land and estate management

Rural Fields and Nature

Owning a landed estate, whether inherited or acquired, is simultaneously a responsibility and a privilege. Landed estates are not always about maximising profit; for the landowners it is often a matter of enhancing the landscape, protecting heritage assets, supporting communities and creating happy family homes as much as it is about the bottom line. Landed estates can comprise complicated businesses with diverse activities, usually focussed on long-term sustainability, rather than a short-term return. Forsters understands these intricacies; as a firm we have worked with landowners for generations.

We are one of very few practices offering specialist advice to landowners spanning tax and succession planning and urban and rural property matters, combined with expertise covering the protection of heritage assets, employment, planning, construction, corporate and litigation matters. We bring together these services to help landowners design and implement a coherent strategy for a thriving estate.

When it comes to land management, we know we have a team who can support you to achieve your objectives. Our team acts for over two hundred rural estates across the country of varying scale, use and composition, both for private and institutional landowners. Many of our clients have instructed Forsters (and our predecessor firm) for decades.

We take the long view and keep up to date on developments in the sector, as well as policy changes impacting rural business and planning. We advise on an ever-growing range of business activities, from traditional farming practices, both let and in hand, to tourism, rewilding and other means of diversification.

How we can help:

  • Asset protection
  • Succession planning
  • Tenancies
  • Easements
  • Trespass and nuisance
  • Telecoms leases
  • Compulsory Purchase
  • Boundary disputes
  • Subsidies and grant schemes
  • Minerals and manorial rights
  • Rivers
  • Employees
  • Unregistered land
  • Settled land
  • Covenants

Nadine Gibbon
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Transactions

Rural Fields and Nature

From small country houses and garden or parkland, farms, equestrian property and large landed estates comprising thousands of acres of land along with residential, commercial and agricultural buildings, we have the expertise to deal with all manner of freehold and leasehold properties.

The sale and purchase of property can be a stressful process, but our team have specialised in not only dealing with the legal issues but also supporting clients through the process. We manage all the issues before they become a problem, explaining everything in clear terms, and in most cases will inspect the property before our clients are committed. This leads to a streamlined, stress-free and satisfying experience for our clients.

It is not uncommon for there to be wide range of practical and commercial considerations that need to be factored into the process, particularly on the sale and acquisition of a working farm or estate. Consideration is given to the timing of the transaction and the need for farming and commercial holdover, valuation of tenant right and ingoing and outgoing valuations, as well as the transfer of environmental schemes, subsidies and environmental permits and the complexities that come with them.

How we can help:

Acquisitions

  • Reviewing sales particulars and heads of terms
  • Commissioning pre-contract searches
  • Full title investigation and review of registered and unregistered land
  • Raising supplemental enquiries
  • Investigating the planning and building control position of a property
  • Drafting a report on title for the benefit of our clients
  • Negotiating transaction documents
  • Advising on Stamp Duty Land Tax (SDLT) and the availability of reliefs, notably mixed use, MDR claims and blended use claims
  • Drafting and submitting SDLT returns and settling any liability
  • Facilitating completion and registration procedures
  • Working with lenders on property financing

Sales

  • Review of title information, registered and unregistered
  • Providing solutions to any defects on title in anticipation of a sale
  • Providing title documentation or epitome of title
  • Preparation and assisting with compiling all necessary information for replies to pre-contract enquiries
  • Responding to enquiries raised by a buyer’s solicitor
  • Negotiating transaction documents
  • Facilitating completion
Nadine Gibbon
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Historic properties and planning

Rural Fields and Nature

Owning a historic property involves a unique set of challenges and responsibilities. When purchasing such a property, buyers must consider not only the aesthetic and historical value but also the legal restrictions and obligations that come with it. Historic properties are often subject to preservation laws and regulations that can limit modifications to maintain their historical integrity. This means that any alterations, from minor repairs to major renovations, typically require approval from the Local Planning Authority and close correspondence with the local conservation officer.

From purchase to sale, legal advice is crucial throughout to navigate the complex web of regulations and ensure compliance with all legal requirements.

Forsters’ Historic Property and Planning team combine specialist expertise from across the firm to provide holistic advice in respect of all aspects of historic property. We appreciate that whilst it is a privilege to be the current custodian of a heritage property, it is also important that it be suitable for modern use as a home or otherwise. Our specialist planning lawyers are experts in advising on how best to alter and adapt a listed building, as well as many other considerations that may affect these types of properties, including where work has been carried out without or in breach of listed building consent.

Here is how we can support you:

  • We have extensive experience of buying, selling and refinancing listed buildings, scheduled monuments or otherwise historic property
  • Within the team we also have lawyers who have a particular skillset in the area of disputes, whose advice can either be strategic or, should the matter require it, contentious
  • We have acted on the sale, purchase and refinancing of some of the country’s most significant historic buildings
  • Our expertise covers all listing grades as well as scheduled monuments
  • We regularly advise on purchases where work has been carried out in breach of or without listed building consent, or where further works are planned by the buyer
  • On the planning front, advice ranges from the key considerations for purchasers at acquisition stage and strategic redevelopment advice to the implications and strategy for dealing with breaches of listed building control and other associated statutory regimes. We are specialists when it comes to advising landowners in associated matters such as public rights of way, environmental and compulsory purchase matters.
  • We provide tax and trust advice on ways to structure the ownership of historic property, and available tax reliefs and exemptions specific to historic properties

Nadine Gibbon
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Nadine Gibbon

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Renewables

Rural Fields and Nature

The growing climate change emergency places renewables at the top of the agenda for governments and energy companies, so there are plenty of opportunities for those with land in the right place and the willingness to make a long-term commitment.

We have extensive experience in guiding landowners through the tricky but potentially lucrative process of agreeing a renewable energy project with an energy company or developer. By renewables, we mean all types of renewable energy including solar parks, offshore and onshore wind turbines, hydro-electric schemes, and anaerobic digesters.

We have advised landowners in the UK on dozens of renewables agreements, from start to finish. Consequently, we can advise on the both the key commercial points and the more specialist concerns of landowners and farmers. For example, on the one hand we can ensure that they benefit from future advances in technology that could increase the generating capacity of the project, or push back against unreasonable demands not to negotiate with other developers on neighbouring land. On the other hand, we can create and unravel tenancy structures, so land is held efficiently, or ensure that ancient trees are protected.

When acting for landowners, we work closely with their existing advisers (including the retained lawyers, agents, and accountants) to bring complicated deals over the line. We meet landowners, inspect their potential sites, and help with the process of interviewing and selecting a business partner, whether it be a land promoter or an energy company. We offer a dedicated team who will see the project through all its stages, providing continued support and advice as it progresses.

What we advise on:

  • Acquiring strategic land and assembling suitable sites for renewable energy projects
  • Advising on approaches and initial approaches from developers
  • Pro-actively approaching energy companies and other interested parties
  • Coordinating with fellow landowners on joint renewable energy project
  • Advising on title issues including restrictive covenants, easements and wayleaves
  • Negotiating option agreements and leases that set out the renewable energy project terms
  • Surrendering and granting tenancy agreements to fit with the renewable energy project and ensure land is held most efficiently
  • Planning advice on the planning application and implementation of planning consent
  • Tax advice to manage the most efficient use of the proceeds from the renewable energy project
  • Ongoing monitoring of the agreement, implementation of its terms and handling disputes arising from it
  • Enforcing decommissioning provisions at the end of the term
Nadine Gibbon
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Nadine Gibbon

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