Agriculture, land & estates solicitors
Whether you are seeking routine management advice, grappling with legislative changes or even looking to restructure or diversify, we have the skills, strength and depth to address your specific legal needs.
THE TEAM
Our agriculture and estates team is among the largest in the country and is fully immersed in rural affairs, operating out of offices across the Highlands, Islands & Moray, as well as Edinburgh and Glasgow.
Services
Our services
We provide a full range of services in all areas including:
Agriculture
Crofting
Overview
Our team is known for providing expert crofting law advice. Crofting Law is a unique area of law in our jurisdiction and the complexity of the legislation and procedures which apply to it requires a level of experience and involvement which the Rural Economy team at Harper Macleod are able to offer.
Calum Macleod, of the firm’s Inverness office, is widely regarded as being one of Scotland’s most prominent solicitors in the areas of Community Ownership and Empowerment as well as Crofting Law. In 2019, Calum became one of only two lawyers across Scotland to be accredited as a Crofting Law Specialist by the Law Society of Scotland. The specialist accreditation scheme was set up by the Law Society of Scotland in 1990 to recognise those who have developed specialist knowledge and help members of the public and businesses choose a solicitor with the necessary expertise, particularly in more complex cases.
The specialist accreditation recognises his particular expertise as a crofting lawyer, advising both crofters and landowners on matters including applications to the Crofting Commission and the Land Court. He has particular experience in relation to renewables projects on croft land.
Farming
Overview
Our agricultural solicitors are experienced in the management of agricultural property and land, and the issues that can arise from this. We can guide you through the process regarding any legal affair related to farming or land.
We understand that farming families and partnerships have a unique dynamic and we are here to help when you are considering generational changes and succession planning for your farm and family farmhouse. We work closely with our private client team to ensure that your farming family has the protections in place that it needs for the future.
Our rural property experience also sees us work with the leading banks and financial institutions on funding and refinancing rural businesses and property.
We also have extensive experience of advising on any disputes that arise from agricultural property, including land and boundary disputes and issues regarding leasing and tenancy.
Forestry & forestry management
Overview
Harper Macleod has acted continuously for Forestry and Land Scotland (FLS) since 2008 having successfully retendered in 2013 and 2018. FLS manages c.650,000ha on behalf of the Scottish Ministers.
Harper Macleod retained a significant client base of private forestry clients. We have witnessed a dramatic increase in instructions relating to forestry given the remarkable rise in timber and forestry plantation values.
Land registration & voluntary registration
Overview
Harper Macleod plays a prominent role in the area of Voluntary Land Registration, with the Rural Economy team acting for several high profile public bodies in this regard. Notably, Harper Macleod completed FLS’ voluntary registration project. As a result all FLS ownership titles were successfully submitted for voluntary registration prior to the ministerial deadline. In additional Harper Macleod continues to act for other large public bodies such as Historic Environment Scotland and the Scottish Courts Service in order to facilitate their Voluntary Land Registration projects
Peatland restoration
Overview
Peatland restoration is a central component to the Scottish Government’s pledge for Scotland to be net-zero by 2045 at the latest and as a consequence there is an significant amount of support, advice and public funding available. Harper Macleod was an early proponent for the potential for peatland restoration projects both in terms of their environmental benefit and in their potential to serve as an alternative revenue stream for landowners by means of selling carbon credits. Harper Macleod can advise on navigating the process of obtaining public funding, carbon credit accreditation and the related legal issues. We expect this to be a huge growth area in the coming years and are best placed advise landowners on how to maximise the potential of any peatland on their land.
Community ownership
Overview
Harper Macleod is a market leader on Land Reform and on the Community Rights to Buy providing regular and key advice to both private clients and public bodies throughout Scotland.
We have community projects at our heart, providing advice to more than 20 community groups on a full spectrum of legal issues including: corporate structures and charitable status; governance; Community Right to Buy; and wind, hydro, biomass and housing projects.
We have recently been involved in the following community purchases for groups eligible to purchase under Land Reform Legislation:
- Sunart Community Company
- Cromarty Community Development Trust
- Colonsay Community Development
- Gairloch Area Development Limited
- Melness Crofters Estate
- Garbh Alt Community Initiative
- Applecross Community Company
- Wanlockhead Community Trust
- Helensburgh Community Woodlands
- Aultnaskiach Dell Community Woodlands
- The Langholm Initiative
Work
Examples of our work
Property legal services
Overview
We are the sole supplier of property legal services to Scotland’s biggest landowner, Forestry and Land Scotland. We also act for a number of other leading rural sector bodies, including NatureScot and Cairngorms National Park Authority.
Estate Aquisitions/disposals
Overview
Recently acted in the purchase of a small holding comprising a sizeable residential house, three holiday lodges which were part of a successful letting business and croftland with farm buildings. As part of the transaction, we successfully renegotiated the structure and nature of the transaction, which was significantly affected as a result of COVID-19, to deal with the change in market conditions. The transaction was also particularly time sensitive for our client, who required to be in situ for the relaxation of the lockdown restrictions which allowed for the reopening of the hospitality sector.
Acted in the acquisition of a large mixed use Stirlingshire estate, with a combination of forestry and woodland, sporting and farming with the potential for diversification into tourism. The seller used the land for the growing of a commercial Christmas tree crop. As part of the sale, a leaseback was agreed over several years to allow continued crop management and felling each year.
We are retained as panel solicitors for the major UK lenders in relation to their agricultural lending across Scotland from Highlands to the Borders.
Recently completed the sale of a large mixed farm outside Glasgow to a national house builder in relation to a major housing development.
Forestry
Overview
Acted in the sale of over 200Ha of commercial forest blocks in the Scottish Borders on behalf of a private forestry investor. The transaction from instruction to completion took under 4 weeks. Shooting leases across the whole sale property were successfully negotiated to enable our client to continue his passion for field sports.
Acted in the acquisition of 200 hectares of land of former open cast coal mine at Damside, Shotts to restore to productive woodland.
Community
Overview
We act on behalf of the Langholm Initiative in the community buyout of the Tarras Valley from Buccleuch Estate, with the creation of a nature reserve at the heart of its plans. The land extends to over 2,000 hectares and includes both residential cottages, grazing land, woodland and hill ground. This acquisition is arguably the most significant community buy-out ever undertaken in Scotland and involves a well-known landowner.
We acted in the successful purchase in the Castle Woodlands by Helensburgh for a community group. This group in question had been the first group to try and use the Community Right to buy Abandoned and neglected land, however, in this case the community right to buy for Castle Woodlands proceeded by way of a negotiated purchase. The purchase price was funded entirely by the Scottish Land Fund. This sale was novel in its nature due to this being the first time that the community right to buy abandoned or neglected land was used.
Crofting
Overview
Advised Forsa Energy and successfully obtained s.19A consent in the Scottish Land Court for development of the £50m Druim Leathann Windfarm development on crofting common grazings in the Western Isles.
Acted in the multimillion pound acquisition of Lochend, Barrock, a farm in Caithness which comprised two large owner-occupied crofts.
Dispute
Overview
Advised Loch Lomond and the Trossachs National Park Authority throughout the now seminal case on the Right to Roam legislation in the Court of Session. The case is now widely regarded as being the foremost authority on the exercise and enforcement of statutory access rights and has wide ranging implications across rural Scotland.
INSIGHTS
CONTACT US
Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.