Negotiating - an overview
This document is useful for a group who is about to approach and landowner for occupation or use of their land. It describes the process of communication and negotiating around leases. The document is aimed at community groups to provide an overview of what is involved in negotiations over land and leases and guide them through the challenges to a compromise which satisfies both parties. To read the overview, simply click the document link here.
You can also refer to Wright Hassall LLP guide to buying agricultural land here.
Introducing our 'Community Led Project’ form
The aim of this document is to aid communication between a community group and landowner, regarding a proposed project on a piece of land. By completing the questionnaire the community group will address a number of important issues that will be key to the project’s success. The landowner will be reassured of what form the project will take. It could be seen as part of a business or action plan for the project and may also help with funding bids. Download the document using the link below:
This form will provide important initial information to a landowner/ local authority with a view to acquiring some land for a community led project or enterprise. It will also be very helpful to the Community Land Advisory Service staff who will be supporting you to acquire the land and gain all the necessary permissions.
It is best to try to complete the form as best you can as early as you can. You can present it to potential landowners and you can also re vist the form to complete more parts of it as you move forward with your project or enterpise. It will help you write your business or management plan and is also the type of information potential funders like to see.
Download the 'Introducing your community led project form'
- If you are having trouble finding a suitable site for your community growing group, or if you have already found a site but are not sure who owns it, then approaching your local authority is a good starting point as they often control or own disused land. However, it can be daunting to approach such a big institution and hard to know where to start or even who to ask. The following top tips will help you get started.
There are two documents available to download below. The first has a series of tips and key things you need to know when approaching local authorities and the second gives guidance on which council department to approach regarding different types of land.
- If you have an in principle agreement from the local authority to use land or they are suggesting it might be available for your use you should fill out a heads of terms form and exchange it with the local authority to see if you are all likely to agree on the important points – such as how long the lease would be, what would the rental be, who is going to provide the water to the site and pay for it. If you can't agree on these things it may be time to walk away and look for other land.
Remember funders may want you to have a long-term lease so check this with them first.
- At this point it is important to be aware that you need to be a legal entity to sign a lease so if your group is not incorporated personal members of the group will need to sign the lease and be liable for the terms.