Agriculture

Question 1

In your example it appears to suggest that your firm arranged a 5 year tenancy without solicitors being instructed. Please explain the limited circumstances where surveyors can prepare leases exceeding 3 years.

Answer 1

Ordinarily, and as out in the Law of Property Act 1925, leases for a term exceeding 3 years must be in the form of a deed, and prepared by a solicitor.

The exemption to this is that Fellows of the CAAV and Fellows/Members of the RICS can prepare an FBT exceeding this term length, provided it is not lodged at the Land Registry or dealing with SDLT return. This does not count for tenancies under the AHA 1986.

Question 2

What Act would prohibit a “reserved legal activity” to be carried out by a person not authorised nor exempt?

Answer 2

The Legal Services Act 2007. Acting against this would be a criminal offence.

Question 3

What is the aim of regenerative farming?

Answer 3

Regen farming has soil health at it’s heart. The aim is to restore soils that have been degraded.

Question 4

Explain the 4 principles of regenerative farming.

Answer 4

1) Minimising soil disturbance - low or no till, and no chemicals
2) Keeping soil covered - to prevent erosion, moisture evaporation and weeds germinating
3) Maximising crop diversity - poor nutrient cycling in crops from poor diversity.
4) Integrating livestock - producer of organic matter and new plant growth

Question 5

Give me an example of a typical crop rotation in your area

Answer 5

I have a client near Sittingbourne in Kent who is currently on a 5 year rotation.
1) Winter beans
2) Winter wheat
3) Wheat again, or barley
4) Oilseed rape
5) Winter wheat

Question 6

What are catch crops?

Answer 6

Catch crops are grown in between the main crops to prevent nutrient leaching from the soils.
Examples would include sunflowers, linseed, or buckwheat.

Question 7

What is the purpose of farm Stocktaking Valuations?

Answer 7

Farm stocktaking valuations are required to assess
the closing stock value, and thereby the proper profits
or losses and balance sheet of a farming business, for
inclusion in financial statements.

They must be Red Book compliant and should be done annually.

Question 8

What happens on the farm in January?

Answer 8

-General farm maintenance (hedging, ditch maintenance, fencing)
-Sheep are given additional feed
-Manure and slurry spreading
-Calves weaned at end of month and fed on concentrates

Question 9

What happens on the farm in February?

Answer 9

-More maintenance
-Sheep pregnancy scans
-Manure an slurry spreading continues
-Early seed drilling (peas and beans)

Question 10

What happens on the farm in March?

Answer 10

-Sheep sorted into lambing groups. Lambing begins. Ewes feet trimmed against foot rot.
-Calving underway
-Spreading continues
-Fertilise and spray crops
-Sow sugar beet

Question 11

What happens on the farm in April?

Answer 11

-Potatoes, peas and beans planted.
-Fertilising grass production fields.
-Calving in full swing.
-Cereal crops sprayed with pesticides and top dressed with fertiliser.

Question 12

What happens on the farm in May?

Answer 12

-Lambs tailed, castrated and tagged. Shear long tails to prevent flystrike.
-More crops fertilised

Question 13

What happens on the farm in June?

Answer 13

-Sheep shearing, drenching, etc.
-Haymaking and silaging

Question 14

What happens on the farm in July?

Answer 14

-Harvest begins. Oilseed rape, winter barley and wheat
-Sheep shearing continues.
-Haymaking and silaging continues.
-Baling and carting straw

Question 15

What happens on the farm in August?

Answer 15

-Harvest in full swing. Looking for correct moisture levels. Too wet and needs to be expensively machine dried, too dry and yield goes down.
-Some silage being taken.
-Some fields being ploughed and sown with winter crops, or even catch crops.

Question 16

What happens on the farm in September?

Answer 16

-Harvest continues.
-Whether lambs sold as they finish or as store lambs for fattening.
-Potatoes harvested, and beets.
-Ploughing and harrowing.
-Drill oilseed rape, winter wheat and barley.

Question 17

What happens on the farm in October?

Answer 17

-Calves weaned and cattle are fed.
-Sheep dipping and clipping.
-Maize harvested for silage.
-Potatoes harvested, as are beets.
-Winter cereal drilling continues.

Question 18

What happens on the farm in November?

Answer 18

-Tup sales.
-House cows - feeding livestock.
-Ploughing and late drilling or winter cereals.

Question 19

What happens on the farm in December?

Answer 19

-Ploughing.
-Feeding of livestock.
-Farm maintenance.
-Spray cereals.

Question 20

What is the difference between a lease and a licence?

Answer 20

Leases grant exclusive possession of the property for a fixed term and with a passing rent. Whereas the landlord can enter the property at any time under a licence and it does not have to be for a fixed period.

Licences are often used for specific operations such as grazing.

Question 21

What are average land values in England?

Answer 21

-Prime arable circa £10k per acre

-Grade 3 grassland circa £7.8k per acre

-Woodland £5-£6k per acre.

Value is of course dependent on a number of factors and will vary regionally.

Question 22

What are current wheat costs and yields?

Answer 22

£185 per tonne - average wheat yields are around 8 tonnes, but can of course vary depending on weather, etc.

Question 23

What does primary agricultural production mean?

Answer 23

Essentially the cultivation of crops, the rearing of livestock, and the harvesting of animal products such as milk, wool, and eggs.

Question 24

What are ecosystem services?

Answer 24

The direct and indirect contributions of ecosystems to human well-being, and have an impact on our survival and quality of life.

4 types: provisioning (food/water), regulating (pollenating bees, water purification), cultural (aesthetic value) and supporting services (photosynthesis).

Question 25

How can ecosystem services be monetised?

Answer 25

By assigning economic value to the benefits provided by ecosystems, which allows stakeholders to integrate these services into decision-making, policy, and market systems.

Biodiversity offsetting or carbon credits.

Question 26

What is the impact on agriculture of the Countryside and Rights of Way Act 2000?

Answer 26

The Right to Roam on designated land raised concerns about crop damage, livestock disturbance, biosecurity risks, theft, and littering.

More public access = greater public liability concerns.

Additional SSSI protection, increasing penalties for damaging these areas, impacting how farmers manage and use such protected land.

Question 27

What section of what Act sets out the Rules of Good Husbandry?

Answer 27

Section 11 of the Agriculture Act 1947.

Question 28

What does Good Husbandry mean?

Answer 28

the responsible management of agricultural land, crops, and livestock in a way that is sustainable, productive, and environmentally responsible.

Question 29

What legislation affects agriculture?

Answer 29

Agriculture Act 2020
CRoW 2000
Animal Welfare Act 2006
Health and Safety at Work 1974
Wildlife and Countryside Act 1981
Agricultural Holdings Act 1986
Agricultural Tenancies Act 1995

Question 30

What are the bodies that are responsible for delivery and enforcement of this legislation?

Answer 30

DEFRA
RPA
Environment Agency
Natural England
Food Standards Agency

Question 31

Give an example of a positive, and a negative covenant

Answer 31

Positive - the obligation to contribute towards repair and maintenance of an access track

Negative - not to use the land other than for agricultural purposes

Question 32

Cost of lamb per head in the UK?

Answer 32

Currently at approximately £6 per kilo deadweight. Sources of this are the ADHB and Farmers Weekly

Question 33

Deadweight cattle prices

Answer 33

Prime cattle prices are currently around £5 per kilo.