Agricultural Tie Breakers - advice for landowners

Historically, local authorities have been known to attach agricultural ties (also known as agricultural occupancy conditions) to countryside dwellings to prevent anyone, except those principally employed within the local agricultural sector, from lawfully occupying them.

The use of an agricultural tie

The use of agricultural occupancy conditions has successfully enabled local authorities to maintain control over development and commercial activities within the countryside. This, in turn, has supported the rural economy.

Although, in today’s era, do the adverse effects of agricultural occupancy conditions for landowners outweigh the general benefit for the rural economy?

Agricultural landowners have concentrated on the diversification of their portfolios to keep up with the changing times. For some landowners, this has involved the selling or letting of dwellings on their agricultural estates. Also, where an agricultural occupancy condition exists over such dwellings, landowners have been faced with a reduced prospective market of purchasers or tenants. 

The reduced market has resulted in prospective purchasers or tenants having more control or influence over what sale or rental prices are offered to landowners for such affected dwellings. This is negatively impacting landowners’ options to develop their portfolios.

Options to remove the agricultural tie

Depending on the wording contained within the agricultural occupancy condition, there are the following options for the removal of the condition or in more common circumstances, its variation or suspension:

1.    Apply to your local authority based on the agricultural tie serving no useful or true purpose.

This strategy allows landowners to apply for removal or variation:

• where the original commercial activity, which the tie was attached to the dwelling to protect, no longer exists
• where its wording is archaic to the extent that the landowner or any prospective purchaser or tenant of the dwelling is unable to comply with it.

This is the strategy commonly utilised by landowners seeking to sell or let their dwellings with an outdated tie attached, making the dwelling unappealing for prospective purchasers or tenants. 

2.    Apply to your local authority for a Certificate of Lawful Existing Use of Development where either: 

a.    the occupancy condition posed by the tie attached to the dwelling has not been complied with for 10 years or more; or 

b.    the 4-year rule for lawful development applies. An argument is made that the occupancy condition cannot apply because the true purpose of the tie was not intended to extend to this dwelling. Development has been constructed without the typically required planning permission. 

Who should advise you on the break?  

Where the agricultural occupancy condition is contained within a planning consent, it is recommended that you seek the advice of a planning specialist. Where such a condition is contained within a title deed to the dwelling, you should seek advice from a property solicitor.

For advice on an agricultural tie contained within a title deed or on any other aspect of property law, please contact Cara O’Donoghue on [email protected].