Property
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It pays to register your land - John Sones explains how to get a holding number and why registering makes sense
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| Llanfynydd, Carmarthen: An attractive working smallholding of 11 acres or thereabouts set in delightful secluded location commanding fine views over dramatic countryside and comprising traditional refurbished Stone farmhouse with many original features together with fine range of stone buildings in courtyard setting. £435,000 Details from Bob Jones www.bjpco.com |
I AM one of those who recently received the latest "Survey of Registered Holdings" to be completed and returned to Defra.
The form quoted the holding number and was straightforward asking the area of the holding and what the land is used for. The list included arable crops/setaside; fallow/GAEC12 (Single Payment Scheme Criteria); grassland; vegetables/fruit/horticulture and glasshouse. For livestock, it asked the numbers kept of cattle, sheep, pigs, poultry (including ducks, geese, turkeys, guinea fowl) and horses/ponies. In both sections there was also an "other" box.
Interestingly, there was a section for comments - "if none of the above, please explain why you require a holding number". You may wonder why this last section is there but it covers among others people like me! The Rural Payments Agency (RPA) computers could not recognise my correspondence address where I live as being separate from my holding address and so mail was not going to the right place. Their solution was to give my home address an "admin" holding number and I have to say that it has worked perfectly ever since. What it does to the statistics of registered "real" holdings I do not know!
Obtaining a holding number - England: If you do not have a holding number but require one because of the farming activities that you carry out (for examples see the previous list) or because you wish to make an application for a stewardship scheme, you need to contact the Rural Payments Agency Customer Service Centre on 0845 603 7777 to obtain one. You will be required to register your details after which you will be given a CPH holding number. This is made up of three parts: C, a number which identifies the county in which the holding is situated; P, a number which identifies the parish and H, a number which identifies the individual holding. The three together are a unique identification. You will also be given a Single Business Identifier (SBI) number which is unique to you.
Similar principles apply to Scotland, Wales and Northern Ireland (see later under Rural Land Register)
Rural Land Register, England: If you are intending to apply for example to the Entry Level Stewardship (ELS) scheme, your land will first have to be registered on the Rural Land Register (not to be confused with Land Registry - see later). To do this, you need to request form RLE1 from the Rural Payments Agency Customer Service Centre and return part D completed with a map e.g. ordnance survey so that your holding can be accurately identified and recorded. Natural England now deals with stewardship schemes and will then be able to access this record for any future applications.
You cannot apply now as a new entrant for payments under the Single Payment Scheme (SPS) as there was a one off closing date in 2005. However, it is possible to buy and transfer existing entitlements from someone who is willing to do so via the Rural Payments Agency This is because the entitlements under the Single Payment Scheme are held by a person and not the land that they are attached to. Therefore entitlements can be transferred without the land changing ownership. Again to do this, your holding will need to be registered on the Rural Land Register and you will need a holding number.
The Rural Payments Agency website www.rpa.gov.uk has a useful page of Frequently Asked Questions (FAQ's) about the Rural Land Register. Their customer service centre - 0845 603 7777 - can also be emailed at CSC@rpa.gsi.gov.uk or you can write to: Customer Service Centre, Rural Payments Agency, PO Box 1058, Newcastle Upon Tyne, NE99 7YQ.
Scotland, Wales and Northern Ireland: Each country has its own Rural Development Plan and registration is also separate. For the Rural Land Register in Scotland registration is through the Scottish Executive Environment and Rural Affairs Department (SEERAD) - 01315 568 400 and holding numbers are obtained through your local SEERAD office. A useful website is www.scotland.gov.uk.
For Wales, registration is through the Divisional Office of the National Assembly for Wales Agricultural Department - 02920 752 222. The local Welsh Assembly Government Office will provide a holding number.
Registration in Northern Ireland is through the local County Agricultural Office which also provides the holding number.
If your land is in more than one country, then a separate registration is necessary as applicable to each country.
Land Registry, England and Wales: This applies to property in England and Wales whether or not it is used for agricultural purposes and is completely separate from the Rural Payments Agency Rural Land Register. In October 2003, the Land Registration Act 2002 came into force allowing for future conveyancing by electronic means. Previously, it had always been done by paper methods and the idea was to help speed up the process of house purchase and selling. The main objective is "that the Register should be a complete and accurate reflection of the title to the land at any given time so that it is possible to investigate title to land online, with the absolute minimum of additional enquiries and inspections".
Today, you cannot buy or sell, transfer, mortgage, gift or inherit property/land without it being registered first. Many properties will thus already be registered but there will also be many that have been in the same ownership for many years and have not been through this process.
There is an argument that all landowners whose land is not currently registered with the Land Registry should consider voluntary registration now. The reasons put forward for doing this include that the process will provide a check that all title deed information is in order and that in any case it will become compulsory by 2012. Registering now will not only be cheaper - currently a 25% discount is being offered - but will also help to protect your rights.
A property owner cannot evict a squatter, e.g. boundary disputes where a neighbour has pushed their fence out onto your land, if they (the squatter) have had more than twelve years continuous unopposed adverse possession. If this has happened, the squatter can then apply to the Land Registry for a registered title for the land that they have "claimed" and it is likely that the "owner" will lose. However, now provided the legal owner registers the land before any such claim is made, the squatter will no longer have the right to automatically apply for registration after he has squatted for twelve years. He can however still apply after ten years but the legal owner will then be notified (make sure your address is kept up to date with the Land Registry) and there is a process of opposal which is too detailed for this article. Suffice it to say that provided the legal owner follows the correct procedures they are very likely to retain their ownership. A similar process applies to rebutting the claiming of rights such as a right of way.
The moral here is to keep an eye on the use of your land and your land boundaries and other property so that you do not get into this situation!
Registrations with the Land Registry are generally open to public scrutiny. Also, various interests in the land will form part of the registration eg leases of more than seven years, franchises such as the right to hold a regular market, rights such as fishing where the river is owned by someone else and wayleaves.
To find information on land already registered, it is possible for a small fee to obtain the details via the Land Registry website: www.landregistry.gov.uk although less than 60% of land in England and Wales is currently on there.
To enquire about the registration process, Land Registry can be contacted by e mail on registerland@landregistry.gsi.gov.uk or via their helpline 0800 432 0432 between 9 and 5 Monday to Friday. Their local offices which are listed on their website also have register development managers who are there to help.
Scotland and Northern Ireland: Scotland has a separate government agency, the Registers of Scotland, which is responsible for Scotland's land and property registers. Their customer service centres are open Monday to Friday from 8.30 until 4pm. The one in Edinburgh can be contacted on 0845 607 0161 and in Glasgow on 0845 607 0164. Both can be emailed on customer.services@ros. gov.uk. The website is www.ros.gov.uk.
I would also point out that Scotland has a separate legal system and so rights and procedures may be very different to those in the rest of the UK.
Northern Ireland also has its own data base organised by the Land Register of Northern Ireland at Lincoln Building, 27-45, Great Victoria Street, Belfast BT2 7SL. Their phone number is 028 9025 1515 and they can be emailed at customerinformation@lrni.gov.uk. Their website is www.lrni.gov.uk.
Anyone living in these areas should enquire further as to the procedures and charges applicable to where their land and property is situated.
Summary
If you own land in England or Wales whether or not you are carrying out an agricultural activity, sooner or later your land will have to be registered with the Land Registry if it isn't already. If you are intending to apply for money through a stewardship scheme anywhere in the United Kingdom or Northern Ireland, you will need a holding number and your land will have to be registered first with the appropriate Rural Land Register.
Don't forget that if you own land in more than one country, each part must be registered with the country in which it is situated.
This article is up to date at the time of writing. Each country has its own procedures and enquiries should be made as appropriate to where your land is situated.
12:37pm Thursday 17th January 2008
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CommentPosted by: Andrew Watterson, North Hampshire on 11:27am Sat 17 May 08
Please advise how I can find out when the Countryside Stewardship Scheme expires on my field in Hampshire
Please advise how I can find out when the Countryside Stewardship Scheme expires on my field in Hampshire
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