The terms of an agricultural tie can be daunting. They usually require that ‘the occupation of the property is limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 290(i) of the Town and Country Planning Act 1971, or in forestry (including any dependents of such a person residing with him) or a widow or widower of such a person'. So it would be possible to comply with the tie if a would-be purchaser had previously worked in agriculture or has been married to someone who was.
Properties with such a tie can, of course, be difficult to sell. ‘People are naturally put off when they discover a property has an agricultural tie. It's an instant barrier,' Winkworth's Chris Baker told Country Life when we investigated the issue a few years ago. 'Potential buyers are scared because they don't understand it or what it entails.'
The properties are rarely large and the tie will have been made as a condition when planning permission was given to build a home on agricultural land. The up-side, for buyers, is in the price tag. The properties in question often sell at a discount: although there's unlikely to be a reduction in price for an agricultural property with extensive acreage, there could be discounts of up to 30% for anything under 100 acres. ‘The amount of discount depends on how much land is with it,' said David Cross, director of Savills' Salisbury office. ‘The smaller the amount of land, the greater the discount.'
This beautiful five-bedroom farmhouse in Wales, for example, comes with 68 acres of land but is for sale at just £750,000 — some £250,000 less than this same price as this nearby four-bedroom home with 64 acres.
Kevin Prince, then of Strutt & Parker's Salisbury office but now with Adkin, added: ‘Over the past 10 years, we have found that, due to the shortage of good properties with more than 100 acres, having an agricultural tie with this amount of land doesn't affect the price. It's once you get below 20-30 acres that it becomes an issue.'
It's not all doom, however — it is possible to get the tie lifted, if you can prove that no one has been working in agriculture for the past 10 years. If the council agrees, it will issue a ‘certificate of lawfulness', which means you're no longer in breach of the condition. However, if it's discovered you're in breach before that time, you can be fined.
The tie could also be lifted if you're selling the property and can demonstrate that there's no longer any requirement for agricultural work on the holding and that there have been no prospective purchasers over a specified time limit, agreed with the council.
Another option may be to see if the council will accept other uses as fulfilling the tie. According to Mr Prince, planning-policy guidance has become much friendlier to horses: ‘Councils are increasingly prepared to extend an agricultural tie to equestrian use.'
With that in mind, however, vendors are savvy. This pretty farmhouse for sale in Somerset at just £450,000, for example, contains the following line in the listing: 'Should planning permission be obtained for non-agricultural/equestrian use on the land the vendors or their successors will be entitled to 30% of the resulting uplift in value for a period of 50 years.'
An earlier version of this article appeared in Country Life in 2010.
Credit: Strutt and Parker
Best country houses for sale this week
An irresistible West Country cottage and a magnificent Cumbrian country house make our pick of the finest country houses for
-
Graham Norton's elegant East London home hits the market, and it's just as wonderful as you would expectThe four-bedroom home in Wapping should be studied for how well it uses two separate spaces to create a home of immense character and utility.
-
Sign of the times: In the age of the selfie, what’s happening to the humble autograph?When Ringo Starr announced that he was no longer going to sign anything, he kickstarted a celebrity movement that coincided with the advent of the camera phone and selfie. Rob Crossan asks whether, in today’s world, the selfie holds more clout than an autograph?
-
Graham Norton's elegant East London home hits the market, and it's just as wonderful as you would expect
The four-bedroom home in Wapping should be studied for how well it uses two separate spaces to create a home of immense character and utility.
-
About time: The fastest and slowest moving housing markets revealedNew research by Zoopla has shown where it's easy to sell and where it will take quite a while to find a buyer.
-
A wisteria clad hall built by one of the founders of the Bank of EnglandCome for the history of Old Hall. Stay for the interesting interiors.
-
A gorgeous Scottish cottage with contemporary interiors on the bonny banks of the River TayCarnliath on the edge of Strathtay is a delightful family home set in sensational scenery.
-
Six rural properties with space, charm and endless views, as seen in Country LifeWe take a look at some of the best houses to come to the market via Country Life in the past week.
-
380 acres and 90 bedrooms on the £25m private island being sold by one of Britain's top music producersStormzy, Rihanna and the Rolling Stones are just a part of the story at Osea Island, a dot on the map in the seas off Essex.
-
A home cinema, tasteful interiors and 65 acres of private parkland hidden in an unassuming lodge in KentNorth Lodge near Tonbridge may seem relatively simple, but there is a lot more than what meets the eye.
-
A rare opportunity to own a family home on Vanbrugh Terrace, one of London's finest streetsThis six-bedroom Victorian home sits right on the start line of the London Marathon, with easy access to Blackheath and Greenwich Park.
