RE: [CSANetworkUK] Digest for CSAnetworkUK@googlegroups.com - 3 updates in 1 topic

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Rachel Harries

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Oct 26, 2016, 12:05:41 PM10/26/16
to CSAnet...@googlegroups.com

The Community Land Advisory Service still provides the best guidance on this.

Have a look at this flowchart for a start:

http://wl.communitylandadvice.org.uk/sites/communitylandadvice.org.uk/files/Flowchart_Lease_Agreement_Type.pdf

 

Rachel Harries | Producer Skills Manager | Innovations Department | Soil Association | t: 0117 987 4601 | m:

07795 528926 | Work days: Mon – Thurs | Twitter: @rachel_harries

 

 

From: CSAnet...@googlegroups.com [mailto:CSAnet...@googlegroups.com]
Sent: 24 October 2016 17:44
To: Digest recipients
Subject: [CSANetworkUK] Digest for CSAnet...@googlegroups.com - 3 updates in 1 topic

 

·         Advice on agreements - 3 Updates

CSA Network UK <csanet...@gmail.com>: Oct 24 02:48PM +0100

Hello
 
I have had a request for advice on agreements from someone with land see
below
 
*:*
*Our situation is that we have an old, small, small holding and have an
allotment sized (perhaps a bit more) piece of land that is given over to
veg and fruit.*
 
 
*But we're finding it difficult to keep on top of and especially as the
children move away - we don't really need it all. *
 
*We thought the ideal solution would be to let someone else who hasn't got
land have some to play with. *
 
*We have put a note out on local Facebook groups and have had a good
response - so there is a need.*
 
*We have not yet taken forward as we are not clear on the legal situation
and what we should do regarding contract/agreements. Particularly
interested if providing such access gives any 'rights' to continue to work
the land even if we want to move them on. And also what about the situation
when we come to sell - especially if the arrangements have been going on
for several years.*
 
*I'm willing to allow use of my tools - but would obviously like to get
something in about replacements of broken/lost tools*
 
I just wondered if there were any other CSAs who were in a similar
situation with the land they use - and may have an agreement that we could
share with them.
 
Thanks
Maresa
 
--
*Maresa Bossano | CSA Network UK Co-ordinator *
 
*www.communitysupportedagriculture.org.uk
<http://www.communitysupportedagriculture.org.uk>*

Chris Maycock <caema...@gmail.com>: Oct 24 03:33PM +0100

Maresa, any formal agreement is highly likely to make this an Agricultural
Tenancy, see https://www.gov.uk/guidance/agricultural-tenancies.
 
There are pro-forma legal agreements, such as attached. This one happens to
embrace a long lease. There is scope for negotiation, but because there is a
substantial body of legislation underpinning these matters, your Contact MUST
take legal advice, which is pretty much where the Government web page starts
with advice.
 
I would take particular care over status of Lessor(s), term of lease, default on
payment, access arrangements e.g. where do they all park, permission for
improvements e.g. sheds, and responsibilities at end of lease.
 
Regards,
Chris Maycock
Treasurer Camel CSA
 
 
On 24/10/2016 14:48, CSA Network UK wrote:
 
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"Nick Weir" <ni...@nickweir.co.uk>: Oct 24 04:17PM +0100

Or you might want something less formal that is unlikely to be legally binding but would make it clear what everyone wants to give and receive from the agreement.
 
Here is one that we developed for one of the Stroud CSAs (Stroud Slad Farm Community)
 
Nick
 

 
Nick Weir
 
01453 840037
 
www.nickweir.co.uk <http://www.nickweir.co.uk/>
 
Helping Build Resilient Communities
 

 
From: csanet...@googlegroups.com [mailto:csanet...@googlegroups.com] On Behalf Of Chris Maycock
Sent: 24 October 2016 15:33
To: CSAnet...@googlegroups.com
Subject: Re: [CSANetworkUK] Advice on agreements
 

 
Maresa, any formal agreement is highly likely to make this an Agricultural Tenancy, see https://www.gov.uk/guidance/agricultural-tenancies.
 
There are pro-forma legal agreements, such as attached. This one happens to embrace a long lease. There is scope for negotiation, but because there is a substantial body of legislation underpinning these matters, your Contact MUST take legal advice, which is pretty much where the Government web page starts with advice.
 
I would take particular care over status of Lessor(s), term of lease, default on payment, access arrangements e.g. where do they all park, permission for improvements e.g. sheds, and responsibilities at end of lease.
 
Regards,
Chris Maycock
Treasurer Camel CSA
 
 
 
On 24/10/2016 14:48, CSA Network UK wrote:
 
Hello
 
I have had a request for advice on agreements from someone with land see below:
 
Our situation is that we have an old, small, small holding and have an allotment sized (perhaps a bit more) piece of land that is given over to veg and fruit.
 
 
But we're finding it difficult to keep on top of and especially as the children move away - we don't really need it all.
 

 
We thought the ideal solution would be to let someone else who hasn't got land have some to play with.
 

 
We have put a note out on local Facebook groups and have had a good response - so there is a need.
 

 
We have not yet taken forward as we are not clear on the legal situation and what we should do regarding contract/agreements. Particularly interested if providing such access gives any 'rights' to continue to work the land even if we want to move them on. And also what about the situation when we come to sell - especially if the arrangements have been going on for several years.
 

 
I'm willing to allow use of my tools - but would obviously like to get something in about replacements of broken/lost tools
 

 
I just wondered if there were any other CSAs who were in a similar situation with the land they use - and may have an agreement that we could share with them.
 
Thanks
 
Maresa
 
 
 
--
 
Maresa Bossano | CSA Network UK Co-ordinator
 
www.communitysupportedagriculture.org.uk
 
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