Date posted: 30 September 2019
“Difficulties Mastered are Opportunities Won” – Winston Churchill
Earlier this year, the Earl of Plymouth v Rees case addressed the issue of access rights to development land let on an agricultural tenancy. Whilst it is not our intention to summarise the case in detail here, the case does raise some important considerations both in the context of landlord / tenant relations and our role as advisers throughout a significant, potentially once in a lifetime, event.
In particular, the Court’s decision is a firm reminder that occupation arrangements should be drafted carefully. The implications of any form of agreement, whether for agricultural, residential, commercial, equestrian, amenity or leisure property must be considered fully at the point of drafting, with a client’s immediate and longer term objectives in mind. Overriding the principle of careful drafting, the case reiterates the importance of early engagement and effective communication between the parties, which is paramount and often the key to both parties’ successes.
Below is an illustrative example of the benefits arising from some of the most productive landlord and tenant relationships we are involved with:
Due to the long term and often sentimental nature of land and property ownership and occupation, there will so often be differences of opinion. It is the advisers role to minimise the risks associated with those differences and facilitate constructive dialogue between the parties, to move forward and incentivise a viable proposal.
For further information or advice surrounding strategic proposals affecting your land, property or business, please contact Ian Bowler or Amy Hillier.