8 replies to this topic

[Eve]

Hello, I'm hoping someone could advise me... I'm still in the process of buying 17.5 acres, the land is divided by a stream, leaving 12.5 acres on one side. I was thinking of asking my solicitor whether it would be possible to purchase it in two lots (it was originally) and putting the smaller paddock into my parents name. Two reasons for this; the smaller paddock already has a few field shelters (with PP), I intended to quietly extend on this and move our existing chickens, sheep & horses over (we currently rent the land opposite). Although I intend to work 2 of our 3 horses, meaning they would become classified as agricultural I think, I suspect the minute horses are around a big red flag flies with regards to planners! So, if that land was in my parents name I would hopefully never have to declare my horses? Also, I could possibly save a couple of thousand on stamp duty if I split the sale! Am I over thinking it or should I consider this option? Xx

[adrian007]

You won't be able to avoid the stamp duty, it'll be viewed as tax dodging. The solicitor is the one who would go to jail... so he will not allow it to happen.

 

You could do it though... it may be that if you just declare your smallholding as the 12.5 that would be enough separation.

[Groundhog]

as soon as you involve horses its really equestrian the LPA arnt all turnips when you tell them they are going to work it out unless you can show them woods trailer harrows and a suffolk punch.

Follow the rules and critirai laid out to assist you and in principle it should be possible.you are trying to interperate the facilty laid out to fit your desires.

[Cornish Gems]

There has been much discussion over the years about land. Please may we remind everyone that we actually ended up RENTING our land!! At the end of the day, it does not seem to matter. All the pd form asked was how much land was in our control or somethig to that effect. So you could well get away with putting your horses on the other side of the water.

[Groundhog]

CG did you plan to build a barn on rented ground along with siting your cabin there ?

[Sunnysouthdevon]

Cornish.... So you never actually owned your own land? Why would you out in all that effort and work for the owner to potentially 'cash in'

[j and H]

it simply says, What is the area of the proposed agricultural unit?    

[Eve]

Thanks for the advice everyone, currently I'm in a position that all I can do is read and plan, while i wait for the purchase of our land to go through, so sometimes I see problems that probably aren't there!
I didn't really consider the avoidance of stamp duty as tax dodging, which proves how stupid I can sometimes be!
I'm desperate to try and get it right and save time, energy, heartache and money by making the right choices now.
I've decided to take my very dog-eared copy of F2F and read all of it again (without scan reading the legal bits I don't understand!), and go through the prior notice info/forms, then maybe I can start making some more informed decisions.
Xx

[j and H]

when you apply for your 28 day PD, they will ask for a map of the unit…farm… and they will ask you to draw a red line around the unit to show how big the unit is… this i believe, is so they can measure things like the barn distance , from any classified road, or neighbouring dwellings 

 

if you where to keep the 12.5 acres as your main farming business, and only this area, i can't personally see what the other parcel of land has to do with anyone, 

you will not be telling lies…its big enough according to government guild lines , the 12.5 acres is  classified as a small farm that comes under PD rights ..

i wouldn't be surprised if the smaller parcel had a different field registration number anyway

 

just my thoughts