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landlord and tree planting


TreeAb
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Hi all,

 

I rent a farm and I wish to plant trees and manage them for premium stems in the long run.

 

Question: if I plant a tree does the landlord own it? or have rights to it? or is it all mine?

 

in the long run I get these premium stems has the landlord to get a percentage of the profits?

 

any help would be good

cheers

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I'd say get permission to plant first with clarification on fruition .

 

Absolutely, if there is any doubt at all about who gets the profits. Fundamentally you need to have the security of tenure to justify your long-term aim. If you can get the trees grown and harvested and the land reinstated before the end of the lease then I can't see why a landlord would be bothered.

 

Some leases will say that the tenant gets compensated for improvements or unharvested crops at the end of the lease, but the landlord's consent for some improvements is usually required, largely for this reason.

 

There should be grants available, and if so you may have to involve the landlord in the application process anyway.

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Where is your farm?

 

Not sure anymore, but there might be a difference between English/Welsh and Scots law on this, presume NI might also be different. Its changed now, but any trees on a croft used to belong to the landlord - which is why very few trees used to be planted in the crofting counties. I think this is the same for tenant farmers.

 

I would suggest calling your local Forestry Commission Conservancy office, they will be able to advise you on the legal aspects and of which grants may be available.

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