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Buying Agricultural Land: What Checks Should You Make?

View profile for Lauren Collins
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Whether you are a farmer looking to expand an existing holding or someone considering agricultural land as an investment or lifestyle purchase, buying rural land is rarely straightforward. It comes with its own set of legal, environmental and practical considerations, and getting the right checks done early can save you from expensive problems further down the line. Here is a guide to the key areas of due diligence you and your solicitor should be working through before you decide to commit.

Title and Boundaries

The first step is to verify legal ownership of the land through the title deeds. For registered land, your solicitor will obtain the title documents from HM Land Registry, including the Title Plan. However, a surprisingly large amount of rural land in England and Wales remains unregistered, which can make proving ownership more complicated and will require investigation of historic deeds and documents.

It is also essential to walk the land itself. Check that physical boundaries (such as fences, hedges and walls) match what is shown on the Title Plan (albeit the Title Plan will only show the land’s general, rather than legal, boundaries). Discrepancies can be common in rural areas, and it is important to establish who is responsible for maintaining each boundary.

Access and Rights of Way

Establishing how you will access the land is fundamental. Confirm that there is a legal right of access to a public highway, and that any private roads or tracks are covered by appropriate easements. Without this, you could find yourself landlocked or without access for the purpose for which you intend to use the land.

You should also check whether any public footpaths, bridleways or other rights of way cross the land. These can affect how you use and manage the property, and they cannot simply be removed or diverted without following a formal legal process. Be aware, too, of ransom strips: small parcels of land sitting between your plot and the public highway. If owned by a third party, they can give that person significant leverage over your use of the land.

Tenancies and Occupation

If the land is currently farmed by someone other than the seller, it is vital to understand the nature of any tenancy or grazing agreement in place, especially if the arrangements are informal/oral. Agricultural tenancies under the Agricultural Holdings Act 1986 can carry significant security of tenure, potentially making it difficult to obtain vacant possession. Farm business tenancies under the Agricultural Tenancies Act 1995 are generally more flexible, but the terms still need careful review. Even informal grazing licences should be checked to ensure they do not inadvertently create more formal rights.

Environmental Designations and Schemes

Agricultural land can be subject to a range of environmental restrictions. Check whether any part falls within a Site of Special Scientific Interest (SSSI), a National Landscape (formerly Area of Outstanding Natural Beauty), a Nitrate Vulnerable Zone or a Conservation Area. Each designation brings its own restrictions on what you can do with the land. If you are instructing your solicitor to carry out an environmental search, the result of the same will provide further information in this regard.

You should also investigate whether the seller has entered into any environmental stewardship agreements. The Sustainable Farming Incentive and other Environmental Land Management schemes may have multi-year obligations attached to the land. Establish whether these agreements transfer on purchase and whether there are clawback provisions if the terms are not fulfilled. With the SFI and wider ELM schemes continuing to evolve, understanding any existing commitments is essential.

Planning, Flood Risk and Designations

Check the local planning authority's records for any allocations or designations affecting the land, including Green Belt status, which will heavily restrict development potential.

Flood risk is a particularly important consideration for rural land. You can check the Environment Agency's flood risk maps to see whether the land falls within a flood zone, or for land in Wales, the Natural Resources Wales flood risk map. Land in Flood Zone 3 has a significant annual probability of flooding, which will affect insurance costs and the land's long-term viability. If relevant to the land, you can also instruct your solicitor to carry out a specialist flood search.

Services, Utilities and Mineral Rights

Rural land often has limited or no mains services. Establish whether the land has access to mains water, electricity and drainage, and what the costs of connection might be. If the land relies on a private water supply, such as a borehole or spring, check whether the necessary abstraction licences are in place. Before carrying out any ground works, use the free Linesearch Before U Dig (LSBUD) service to identify any underground cables or pipelines crossing the land.

Check whether mineral rights and sporting rights are included in the sale. These do not always pass with the land and may have been reserved by a previous owner, giving a third party the right to extract minerals or to shoot or fish on your property.

Restrictive Covenants and Other Encumbrances

Your solicitor will check the title for any restrictive covenants that could limit what you do with the land, such as restricting its use to agricultural purposes only. Overage clauses are also increasingly common, requiring you to pay the seller a percentage of any uplift in value if the land later obtains planning permission.

Chancel repair liability is another potential hidden cost. This is an ancient obligation, that can still arise in certain circumstances particularly where registered against the title, under which landowners can be required to contribute to the cost of repairing the chancel of the local parish church. It can apply without any mention in the title deeds, so a specific search is always advisable; indemnity insurance can be put in place by your solicitor, if required.

Tax Implications and Costs

Agricultural land can attract favourable tax treatment, but the rules are complex and changing. Your accountant is best placed to advise you in this regard, working alongside your solicitor. Agricultural Property Relief (APR) can reduce or eliminate inheritance tax on qualifying farmland. Proposed reforms to APR from April 2026, are likely to limit 100% relief to the first £2.5 million of qualifying agricultural and business assets per individual, with 50% relief above that threshold. Couples can benefit from a combined allowance of up to £5 million. Capital Gains Tax may also apply on disposal, so understanding the full tax picture early on is important. You can find more detail on the government's APR reform pages.

What Should You Expect to Pay?

Agricultural land prices vary considerably depending on location, quality and type. At the time of writing (early 2026), average arable land in England is selling at around £9,500 to £10,000 (broad averages) per acre, with prime land in the east and south-east commanding significantly more. Pastureland typically sits in the range of £6,000 to £8,000 (broad averages) per acre, while poorer upland grazing can be considerably less.* A professional valuation at the outset from a qualified rural surveyor is essential.

Get the Right Advice

Buying agricultural land involves specialist considerations that go well beyond a typical property purchase. If you are thinking about buying farmland or rural property, get in touch with your solicitor, land agent and accountant early in the process. An experienced agricultural property solicitor can guide you through the due diligence, flag potential issues and help ensure your purchase goes smoothly.

This article is for general information only and does not constitute legal advice. You should always seek professional advice tailored to your specific circumstances.

 

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