agriculture and rural guides and information
sheets
Our Agriculture and Rural group regularly
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.
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.
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!
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.
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
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.
Claims not exceeding £5000
will normally be allocated to the small claims track in the County
Court and do not require legal representation.
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.
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.
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.
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.
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.
Anybody hiring someone,
whether part-time or full-time, to provide regular duties is an
employer in the horse industry.
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.