Agriculture

Clarke Jeffers have been advising the agricultural community for over 75 years.
In that time we have come to understand that farming is, amongst other attributes, a business. As with all businesses the key to successful farming is a culmination of knowledge, hard work and successful adaption to the many changes and regulations imposed on the agricultural sector.

Many of these changes include strict regulations which impact on the development of the farm as a business and indeed the passing of the farm from one generation to the next. Clarke Jeffers provide specialist advice which involves business law and private law.

When making any commercial decisions with your farm it is important to consider the implications these may have on your business as a whole to include tax implications, compliance with EU Schemes and Regulations and the Department of Agriculture.

Further, we are committed to ongoing training to ensure that our solicitors are fully up to date on all aspects of agricultural law. This commitment ensures that we can provide an advantage to our clients when called upon to do so.

“To really understand and advise Farmers you first need to understand that farming is far more than a business, it’s a way of life”.

-William Clarke, Partner.

We advise clients in the following areas:

  • Farm transfers and succession planning

  • Agricultural leases

  • Conacre agreements

  • Farm partnerships and related agreements

  • Milk production partnerships

  • Wind farm agreements

  • Rights of way

  • Adverse possession (squatters rights)

  • Farm finance and mortgages

  • Personal guarantees

  • Sales and purchases of Farms

  • Boundary rectifications / disputes

  • Disputes

  • Family settlements

  • Forestry

  • Agricultural buying groups

  • Machinery agreements

  • Dealing with An Bord Gáis / ESB / NRA

  • Supermarket & restaurant distribution agreements

FAQs

View our frequently asked questions.

If you wish to transfer your farm to your child, we can meet with you to discuss the various ways in which this can be done. The tax implications surrounding land/ farm transfers are complicated and many and include Stamp duty, Capital Gains Tax and Capital Acquisitions Tax. We appreciate the importance of minimising the tax implications when transferring an asset such as a farm. We also consider the legacy effect of such transfer for all parties. As such, we will discuss the best approach to take with your tax advisors.

The short answer is yes. The reason we recommend a farm partnership agreement to be entered is so that all parties to the partnership are aware from the outset of their rights and obligations in that farm partnership. The farm partnership agreement will also deal with the rights and obligations of the parties should the partnership come to an end or should one of the partners die. The tax implications surrounding a farm partnership must also be reviewed.

An error in mapping can occur from time to time. The most common reasons for this mistake include an incorrectly marked map previously used, or the fact that the land registry has moved to a digital mapping system which can affect the previously agreed markings. We can assist you in dealing with the Land Registry in order to rectify the error. Alternatively, we can advise you in relation to a Deed of Rectification and prepare the necessary paperwork.

If you believe that someone is encroaching or squatting on your land you need to seek legal advice without delay. This is due to the fact that the person encroaching on your land may be entitled to advance a claim for adverse possession (squatters rights). Certain factors must be in place prior to a party being entitled to claim adverse possession. We can carry out a full review to confirm whether or not a legitimate claim exists.

OUR KEY STAFF

Learn more about our key staff in this area.

William Clarke | Commercial Solicitors Dublin

William Clarke

William Clarke
Breda Storey | Commercial Solicitors Dublin

Breda Storey

Breda Storey
Sinead O'Keeffe | Commercial Solicitors Dublin

Sinead O’Keeffe

Sinead O’Keeffe

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