Advice on agreements

[CSA Network UK]

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

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Maresa Bossano | CSA Network UK Co-ordinator

www.communitysupportedagriculture.org.uk

[Chris Maycock]

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

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[Nick Weir]

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

Helping Build Resilient Communities

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