Environmental Issues

Environmental legislation imposes strict requirements. All landowners, and farm owners in particular, must be conscious of their obligations.

We can work closely with environmental consultants concerning the issues of pollution and contamination. Our environmental team can also advise landowners on:

• Prosecutions brought by the Environment Agency (formerly the Waste Regulation Authorities) in connection with the unlawful deposit of waste.
• Potential liability for clean-up costs in respect of contaminated land, particularly in the light of the Environment Act 1995, which imposes liability upon non-polluters.

We also advise on tenancy agreements incorporating control over a tenant’s activities and can incorporate structures into the contract allowing termination of the tenancy should any breach occur.

We also advise on problems arising from the blocking of footpaths or bridleways and in dealing with attempts to create new rights of public access.

Development often involves a contractual arrangement between the landowner and a developer relating to either an option to purchase the land or a joint venture. We can advise on the documents entered to try to protect the present and future tax position of the landowner before the development contract is finalised. We consider the maximisation of the value of the land and protection of the landowner’s position in relation to the value of his retained property.

We have particular expertise in advising on co-operation and equalisation agreements between landowners who are considering either promoting their land themselves or creating a consortium to offer their joint landholding to a developer.