New advice hopes to prevent conflicts over land uses

Practical advice on avoiding conflict when tenant farmers, sporting tenants and landowners use the same land for both agriculture and sport has been issued by industry bodies.

The latest guidance reflects existing legislation, and creates a framework whereby the landlord, a sporting tenant and the agricultural tenant can formally agree how they will exercise their respective rights over the land in question.

The advice places a duty on all parties to agree a written memorandum of understanding covering a range of issues where there may be the potential for conflict, and to then abide by the provisions of that agreement.

The guidance has been agreed by NFU Scotland (NFUS), the Scottish Tenant Farmers Association (STFA) and Scottish Land and Estates (SLE).

STFA chairman Chris Nicholson said a number of submissions to the Agricultural Holdings Legislation Review Group in 2014 highlighted the conflicts that can arise where sporting rights are exercised by someone other than the agricultural tenant.

“Accounts of serious damage to crops and other negative impacts indicate issues of real economic concern,” he said.

“Many of these problems come down to a lack of mutual understanding and consideration.

“They can easily be avoided if the parties involved sit down and discuss things in a sensible manner.

“This guidance creates a structured basis for doing that, but it will still require all parties to show mutual respect and consideration for each other”.

SLE chairman Lord David Johnstone added: “It is the first attempt to formalise arrangements for balancing the exercise of sporting and agricultural rights over the same piece of land.

“The key role envisaged for the landlord in the process reflects the responsibility that rests on landowners to ensure optimal productive use of assets in their ownership”.

The move follows the issuing of other joint guidance by the NFUS, SLE and STFA in relation to limited partnerships, rent reviews, tenants’ improvements, landlord’s/tenant’s obligations, succession/assignation, and determining compensation at way-go.