Agriculture and Farming: Why You Need Expert Agricultural Law Solicitors

Agricultural Law in Ireland or for that matter anywhere else around the world, relates to legal requirements in the farming industry. This encompasses everything from regulatory compliance to land disputes and ownership of crops. Agriculture or farming is also a very specialized skill. Farmers who know exactly how and when to till the land are often clueless about things like animal rights, employment regulations, and carbon footprint.

Agricultural law solicitors are people who inform, educate, and guide farmers and business owners operating in the agricultural industry about the legal aspect of their business.

What are the legal difficulties that farmers face?

Unlike any other property, farming land and consequently farming law is different. Those that till the land face unique legal challenges. Here’s a quick look:

  1. Demarcation of land boundaries
  2. Right of way vs trespassing.
  3. Damage to land or crops
  4. Distribution of property in case of divorce and other family disputes.
  5. Drafting contracts, deeds, and other legal documents.
  6. Awareness and compliance with local law and regulations
  7. Distribution of property in case of succession and inheritance
  8. Negotiation and contracting with third parties.
  9. Forming family trusts

To avoid loss and refrain from entering costly and long drawn disputes, it makes perfect sense to onboard a firm of experienced solicitors for farmers who can help you in your time of need.

What are the Irish laws regarding Agriculture?

Agricultural or farming law in Ireland is primarily governed by the following acts and authorities:

  1. The Agricultural and Food Supply Chain Act. 2023 which regulates trading practices in the agricultural industry and across the food supply chain.
  2. Agriculture Code of Practice which provides guidelines for health and safety in farming.
  3. Health and Safety Authority (HSA) an authority that conducts inspections of farms to ensure compliance.
  4. Common Agricultural Policy (CAP) Strategic Plan for sustainable growth and development of the food and farming sector.

Of course, the above governance is not exhaustive, nor is it static. Laws and regulations are evolving every day. But they do cover the basic governance of farming and agriculture as well as the related businesses.

Why does every farmer need Farm Law Solicitors?

Agricultural lawyers as farm law solicitors are also called, service farmers and other operators along the agricultural supply chain in diverse ways. With extensive knowledge and experience, agricultural solicitors offer guidance and represent all businesses in the industry. Here’s a look at some of the services commonly offered by farming lawyers:

Transactional Assistance

Whether it is relationships with suppliers, buyers, leasers, or other third parties, each relationship commences with a transaction and results in a contract. Farming law advocates can help you review the contracts offered by external entities to ensure that you and your farm are protected. They can also help you draft contracts on your own terms.

Property Related Matters

Sale or purchase of agricultural land is different from a regular conveyancing deal. It comes with its own unique requirements such as environmental issues, mortgages, and support payments, which means a regular conveyancing solicitor may not be equipped to execute the deed. That is why at Walsh and Partners, we have distinct teams of conveyancing and farming law experts.

Property Disputes

Disputes over farming land or property are different from other property disputes. The main difference is the demarcation of land and ownership related issues. Other complex issues include easement, right-of-way, and damage to property. At Walsh and Partners, we have a specialized team of land dispute solicitors for farmers that specializes in agricultural land disputes.

Family and inheritance matters

When it comes to inheritance of agricultural land, the property often remains within the family for several generations. With large families, the agricultural land, when inherited by several siblings becomes fragmented and non-profitable. Agricultural contract solicitors can help draft joint holding deeds for inherited land so that the land remains intact and profitable for everyone.

Family Disputes

Divorce, sibling disputes, and other family disputes are as common in farming families as in any other family. Property distribution in such cases however becomes a complex process of demarcating the land and assigning ownership. Agricultural property dispute solicitors can help farming families draft various legal documents such as wills, succession deeds, and trust deeds to effectively settle disputes.

Compliance

As outlined above, there are a host of compliance requirements that every farmer or farming business must adhere to. Being aware of all these requirements and keeping track of the ever-evolving changes in laws and regulations is difficult if not impossible. It distracts you from your core competency and that can be seriously detrimental to business. That is perhaps the biggest reason you need to hire expert agricultural law solicitors.

Wrapping Up …

Agriculture is not just about food. It supports other industries too such as manufacturing, textile, pharmaceutical, animal husbandry, and more. Supporting the needs of this industry is therefore critical to sustenance. Agricultural law solicitors can do this by reducing the legal compliance burden thus enabling agriculturists to do what they do best – farm.

If you are looking to connect with agricultural lawyers feel free to reach out to us. We have offices in Cork City, Dublin, and Middleton but we’ll be happy to service you wherever you are. You can write to us at reception@walshandpartners.ie or call directly on any of these numbers (021) 4270200 (021) 4639425, (021) 4638030, (021) 4638000.

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