client information sheets

Agriculture
 

From time to time, our Rural team publishes material that provides useful background information and guidance on key issues or legislation affecting the sector. Below we list a selection - please click on the links provided for more detail.

 

Driving licence requirements relating to horseboxes The relevant provisions are contained in the Motor Vehicles Regulations 1999 (the Regulations) as amended. If the horsebox has a maximum authorised mass which exceeds 3.5 tonnes but not 7.5 tonnes then a category C1 licence is needed. If the MAM exceeds 7.5 tonnes then a category C licence is required.
Loaning horses

It can often seem an attractive option to loan a horse rather than buying a horse or pony of your own because you do not have the initial costly outlay and you always have the option of returning the horse if it doesn’t work – well that’s the theory at least!

Livery agreements

Legal claims against livery yard owners or irresponsible clients are on an increase. It is therefore, sensible to enter into an agreement in the first place, ensuring both parties know who should be doing what.

Importing from the EU

The emergence of a truly global market for commercial goods has not escaped the equine world, with a host of horses/ponies on display at the click of a button via an internet browser.

Syndication agreements

Syndication agreements are contractual agreements setting out the arrangements between a group of people who have pooled their resources to acquire a horse. Syndication agreements are commonly used by groups of people wishing to purchase a stallion for breeding purposes.

Small claims

Claims not exceeding £5000 will normally be allocated to the small claims track in the County Court and do not require legal representation.

Is planning permission required?

Equestrian properties often throw up planning problems because the keeping of horses appears similar to agriculture and many people (wrongly) assume that they are an agricultural activity.

Personal injury and compensation

If you or your horse has suffered an injury, no matter how trivial, it is worth finding out from a solicitor if there is any possibility of claiming compensation.

Buying and selling horses

Your legal rights will depend on whether you bought your horse from a private seller or someone selling in the course of a business, for example a dealer or breeder.

Certificate of Lawfulness of Existing Use or Development (CLEUD) When purchasing equestrian property and to pre-empt problems on a sale, it is essential to ascertain whether there are any problems with the planning title. Due to the passage of time many can be dealt with by obtaining a CLEUD.

Commercial tenancies for equestrian businesses

Many equestrian businesses are run on land rented by the business owner from a landlord. It is extremely important for owners of such businesses to be clear as to the legislation governing their tenancy and the implications that flow from that.

Employment in the equine industry

Anybody hiring someone, whether part-time or full-time, to provide regular duties is an employer in the horse industry.

Grazing arrangements

There are many instances in which horse owners would like to take grazing, but landowners are reluctant to enter into an agreement that may constitute a tenancy.

 

In addition to our information sheets, the team also produces a regular newsletter, agriculture, equine and rural issues. Please click here for more details.